reglab/housing_qa huggingface dataset:
MA Gen L ch 4 § 415 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 203e - Massachusetts Uniform Trust Code|Article 4 - Creation, Validity, Modification and Termination of Trust|Section 415 - Reformation to Correct Mistakes

Section 415. Reformation to correct mistakes  The court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor's intention if it is proved by clear and convincing evidence that the settlor's intent or the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.
MA Gen L ch 4 § 417 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 203e - Massachusetts Uniform Trust Code|Article 4 - Creation, Validity, Modification and Termination of Trust|Section 417 - Combination and Division of Trusts

Section 417. Combination and division of trusts  After notice to the qualified beneficiaries, a trustee may combine 2 or more trusts into a single trust or divide a trust into 2 or more separate trusts, if the result does not impair the rights of any beneficiary or adversely affect achievement of the purposes of the trusts.
MA Gen L ch 5 § 501 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 203e - Massachusetts Uniform Trust Code|Article 5 - Creditor's Claims; Spendthrift and Discretionary Trusts|Section 501 - Rights of Beneficiary's Creditor or Assignee

Section 501. Rights of beneficiary's creditor or assignee  To the extent a beneficiary's interest is not subject to a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means. The court may limit the award to such relief as is appropriate under the circumstances.
MA Gen L ch 5 § 502 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 203e - Massachusetts Uniform Trust Code|Article 5 - Creditor's Claims; Spendthrift and Discretionary Trusts|Section 502 - Spendthrift Provision

Section 502. Spendthrift provision  (a) A spendthrift provision shall be valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest.  (b) A term of a trust providing that the interest of a beneficiary is held subject to a ''spendthrift trust'', or words of similar import, shall be sufficient to restrain both voluntary and involuntary transfer of the beneficiary's interest.  (c) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this article, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary.
MA Gen L ch 5 § 505 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 203e - Massachusetts Uniform Trust Code|Article 5 - Creditor's Claims; Spendthrift and Discretionary Trusts|Section 505 - Creditor's Claim Against Settlor

Section 505. Creditor's claim against settlor  (a) Whether or not a trust contains a spendthrift provision, the following rules shall apply:  (1) During the lifetime of the settlor, the property of a revocable trust shall be subject to claims of the settlor's creditors.  (2) With respect to an irrevocable trust, a creditor or assignee of the settlor may reach the maximum amount that can be distributed to or for the settlor's benefit and, if a trust has more than 1 settlor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution. Trust property shall not be considered distributable to or for the settlor's benefit solely because the trustee has the discretion under the terms of the trust to reimburse the settlor for any tax on trust income or capital gain that is payable by the settlor under the law imposing such tax; no creditor or assignee of the settlor of an irrevocable trust shall be entitled to reach any trust property based on the discretionary authority described in this sentence.  (3) After the death of a settlor, and subject to the settlor's right to direct the source from which liabilities will be paid, the property of a trust that was revocable at the settlor's death shall be subject to claims of the settlor's creditors, the expenses of the settlor's funeral and disposal of remains and statutory allowances to a surviving spouse and children to the extent the settlor's probate estate is inadequate to satisfy those claims, expenses and allowances.  [There is no subsection (b).]
MA Gen L ch 5 § 506 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 203e - Massachusetts Uniform Trust Code|Article 5 - Creditor's Claims; Spendthrift and Discretionary Trusts|Section 506 - Overdue Distribution

Section 506. Overdue distribution  (a) In this section, ''mandatory distribution'' shall mean a distribution of income or principal which the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust. ''Mandatory distribution'' shall not include a distribution subject to the exercise of the trustee's discretion even if: (1) the discretion is expressed in the form of a standard of distribution; or (2) the terms of the trust authorizing a distribution couple language of discretion with language of direction.  (b) Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date.
MA Gen L ch 5 § 507 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 203e - Massachusetts Uniform Trust Code|Article 5 - Creditor's Claims; Spendthrift and Discretionary Trusts|Section 507 - Personal Obligations of Trustee

Section 507. Personal obligations of trustee  Trust property shall not be subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt.
MA Gen L ch 6 § 602 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 203e - Massachusetts Uniform Trust Code|Article 6 - Revocable Trusts|Section 602 - Revocation or Amendment of Revocable Trust

Section 602. Revocation or amendment of revocable trust  (a) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust.  (b) If a revocable trust is created or funded by more than 1 settlor:  (1) to the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses;  (2) to the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor's contribution; and  (3) upon the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall promptly notify the other settlors of the revocation or amendment.  (c) The settlor may revoke or amend a revocable trust:  (1) by complying with a method provided in the terms of the trust; or  (2) if the terms of the trust do not provide a method, by any method manifesting clear and convincing evidence of the settlor's intent.  (d) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.  (e) A settlor's powers with respect to revocation, amendment or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust and the power.  (f) A trustee who does not know that a trust has been revoked or amended shall not be liable to the settlor or settlor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.
MA Gen L ch 6 § 603 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 203e - Massachusetts Uniform Trust Code|Article 6 - Revocable Trusts|Section 603 - Settlor's Powers; Powers of Withdrawal

Section 603. Settlor's powers; powers of withdrawal  (a) While a trust is revocable and the settlor has capacity to revoke the trust, rights of the beneficiaries shall be subject to the control of the settlor and the duties of the trustee shall be owed exclusively to the settlor.  (b) During the period the power may be exercised, the holder of a non-lapsing power of withdrawal shall be treated, for purposes of this section, as if the holder of the non-lapsing power of withdrawal were the settlor of a revocable trust to the extent of the property subject to the power.
MA Gen L ch 6 § 604 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 203e - Massachusetts Uniform Trust Code|Article 6 - Revocable Trusts|Section 604 - Limitation on Action Contesting Validity of Revocable Trust; Distribution of Trust Property

Section 604. Limitation on action contesting validity of revocable trust; distribution of trust property  (a) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of:  (1) 1 year after the settlor's death; or  (2) 60 days after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, the trustee's name and address and the time allowed for commencing a proceeding.  (b) Upon the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee shall not be subject to liability for doing so unless:  (1) the trustee knows of a pending judicial proceeding contesting the validity of the trust; or  (2) a potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent the notification.  (c) A beneficiary of a trust that is determined to have been invalid shall be liable to return any distribution received.
MA Gen L ch 7 § 701 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 203e - Massachusetts Uniform Trust Code|Article 7 - Office of Trustee|Section 701 - Accepting or Declining Trusteeship

Section 701. Accepting or declining trusteeship  (a) Except as otherwise provided in subsection (c), a person designated as trustee shall accept the trusteeship:  (1) by substantially complying with a method of acceptance provided in the terms of the trust; or  (2) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee or otherwise indicating acceptance of the trusteeship.  (b) A person designated as trustee who has not yet accepted the trusteeship may reject the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable time after knowing of the designation shall be deemed to have rejected the trusteeship.  (c) A person designated as trustee without accepting the trusteeship may:  (1) act to preserve the trust property if, within a reasonable time after acting, the person sends a rejection of the trusteeship to the settlor or, if the settlor is dead or lacks capacity, to a qualified beneficiary; and  (2) inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose.
MA Gen L ch 7 § 702 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 203e - Massachusetts Uniform Trust Code|Article 7 - Office of Trustee|Section 702 - Duty to Provide Bond

Section 702. Duty to provide bond  In the case of a testamentary trust, a trustee shall furnish a bond for the performance of the trustee's fiduciary duties and a surety shall be required unless waived by the terms of the trust or found by the probate and family court department of the trial court to be not necessary to protect the interests of the beneficiaries. On petition of the trustee or other interested person the probate court may excuse a requirement of bond, reduce the amount of the bond, release the surety or permit the substitution of another bond with the same or different sureties. If the instrument creating the trust exempts the trustee from furnishing a bond or limits the amount thereof, or the probate court determines that the bond is insufficient, the probate court may, if it concludes that a bond is necessary or that a bond of a larger amount is necessary, require the furnishing of such bond. The terms and conditions of the bond shall be as set forth in section 3–606 of chapter 190B.
MA Gen L ch 7 § 703 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 203e - Massachusetts Uniform Trust Code|Article 7 - Office of Trustee|Section 703 - Co-Trustees

Section 703. Co-trustees  (a) Co-trustees who are unable to reach a unanimous decision may act by majority decision.  (b) If a vacancy occurs in a co-trusteeship, the remaining co-trustees may act for the trust.  (c) A co-trustee shall participate in the performance of a trustee's function unless the co-trustee is unavailable to perform the function because of absence, illness, disqualification under other laws or other temporary incapacity or the co-trustee has properly delegated the performance of the function to another trustee.  (d) If a co-trustee is unavailable to perform duties because of absence, illness, disqualification under other laws or other temporary incapacity and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining co-trustee or a majority of the remaining co-trustees may act for the trust.  (e) Except as otherwise provided in subsection (f), a trustee who does not join in an action of another trustee shall not be liable for the action.  (f) Each trustee shall exercise reasonable care to:  (1) prevent a co-trustee from committing a breach of trust; and  (2) compel a co-trustee to redress a breach of trust.
MA Gen L ch 7 § 704 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 203e - Massachusetts Uniform Trust Code|Article 7 - Office of Trustee|Section 704 - Vacancy in Trusteeship; Appointment of Successor

Section 704. Vacancy in trusteeship; appointment of successor  (a) A vacancy in a trusteeship shall occur if:  (1) a person designated as trustee rejects the trusteeship;  (2) a person designated as trustee cannot be identified or does not exist;  (3) a trustee resigns;  (4) a trustee is disqualified or removed;  (5) a trustee dies; or  (6) a guardian or conservator is appointed for an individual serving as trustee.  (b) If 1 or more co-trustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship shall be filled if the trust has no remaining trustees.  (c) A vacancy in a trusteeship that is required to be filled shall be filled in the following order of priority:  (1) by a person designated by the terms of the trust to act as successor trustee;  (2) by a person appointed by unanimous agreement of the qualified beneficiaries; or  (3) by a person appointed by the court.  (d) Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.
MA Gen L ch 7 § 705 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 203e - Massachusetts Uniform Trust Code|Article 7 - Office of Trustee|Section 705 - Resignation of Trustee

Section 705. Resignation of trustee  (a) A trustee may resign:  (1) upon at least 30 days' notice to: (i) the settlor and all co-trustees of the trust, in the case of a revocable trust, and (ii) the qualified beneficiaries and all co-trustees of the trust, in the case of any other trust; or  (2) with the approval of the court.  (b) In approving a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property.  (c) Any liability of a resigning trustee or of any sureties on the trustee's bond for acts or omissions of the trustee shall not be discharged or affected by the trustee's resignation.
MA Gen L ch 7 § 706 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 203e - Massachusetts Uniform Trust Code|Article 7 - Office of Trustee|Section 706 - Removal of Trustee

Section 706. Removal of trustee  (a) The settlor, a co-trustee or a beneficiary may request the court to remove a trustee or a trustee may be removed by the court on its own initiative.  (b) The court may remove a trustee if:  (1) the trustee has committed a serious breach of trust;  (2) there is a lack of cooperation among co-trustees that substantially impairs the administration of the trust;  (3) because of unfitness, unwillingness or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or  (4) there has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust and a suitable co-trustee or successor trustee is available.  (c) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under subsection (b) of section 1001 as may be necessary to protect the trust property or the interests of the beneficiaries.
MA Gen L ch 7 § 707 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 203e - Massachusetts Uniform Trust Code|Article 7 - Office of Trustee|Section 707 - Delivery of Property by Former Trustee

Section 707. Delivery of property by former trustee  A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property within the trustee's possession to the co-trustee, successor trustee or other person entitled to it.
MA Gen L ch 7 § 708 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 203e - Massachusetts Uniform Trust Code|Article 7 - Office of Trustee|Section 708 - Compensation of Trustee

Section 708. Compensation of trustee  (a) If the terms of a trust do not specify the trustee's compensation, a trustee shall be entitled to compensation that is reasonable under the circumstances.  (b) If the terms of a trust specify the trustee's compensation, the trustee shall be entitled to be compensated as specified, but the court may allow more or less compensation if:  (1) the duties of the trustee are substantially different from those contemplated when the trust was created; or  (2) the compensation specified by the terms of the trust would be unreasonably low or high.
MA Gen L ch 7 § 709 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 203e - Massachusetts Uniform Trust Code|Article 7 - Office of Trustee|Section 709 - Reimbursement of Expenses

Section 709. Reimbursement of expenses  (a) A trustee shall be entitled to be reimbursed out of the trust property, with interest as appropriate, for:  (1) expenses that were properly incurred in the administration of the trust; and  (2) expenses that were not properly incurred in the administration of the trust, to the extent necessary to prevent unjust enrichment of the trust.  (b) An advance by the trustee of money for the protection of the trust shall give rise to a lien against trust property to secure reimbursement with reasonable interest.
MA Gen L ch 8 § 801 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 203e - Massachusetts Uniform Trust Code|Article 8 - Duties and Powers of Trustee|Section 801 - Duty to Administer Trust

Section 801. Duty to administer trust  Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries and in accordance with this chapter.