reglab/housing_qa huggingface dataset:
18-B ME Rev Stat § 810 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 8: DUTIES AND POWERS OF TRUSTEE|18-B §810. Record keeping and identification of trust property

 §810. Record keeping and identification of trust property 1.  Adequate records of administration.  A trustee shall keep adequate records of the administration of the trust.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 2.  Separation of property.  A trustee shall keep trust property separate from the trustee's own property.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 3.  Interest of trust, records.  Except as otherwise provided in subsection 4, a trustee not subject to federal or state banking regulation shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary to whom the trustee has delivered the property.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 4.  Two or more trusts.  If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of 2 or more separate trusts.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 811 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 8: DUTIES AND POWERS OF TRUSTEE|18-B §811. Enforcement and defense of claims

 §811. Enforcement and defense of claims A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 812 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 8: DUTIES AND POWERS OF TRUSTEE|18-B §812. Collecting trust property

 §812. Collecting trust property A trustee shall take reasonable steps:   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]1.  Compel delivery.  To compel a former trustee or other person to deliver trust property to the trustee; and   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 2.  Redress breach.  To redress a breach of trust known to the trustee to have been committed by a former trustee.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 814 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 8: DUTIES AND POWERS OF TRUSTEE|18-B §814. Discretionary powers; tax savings

 §814. Discretionary powers; tax savings 1.  Discretionary power; interests of beneficiaries.  Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as "absolute," "sole" or "uncontrolled," the trustee shall exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust. A trustee's power to make distributions is discretionary notwithstanding terms of the trust providing that the trustee "shall" make distributions exercising a discretionary power, with or without standards.   [PL 2005, c. 184, §17 (AMD).] 2.  Discretionary distributions.  Subject to subsection 4, and unless the terms of the trust expressly indicate that a rule in this subsection does not apply:   A. A person other than a settlor who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary distributions to or for the trustee's personal benefit may exercise the power only in accordance with an ascertainable standard; and   [PL 2005, c. 184, §18 (AMD).]B. A trustee may not exercise a power to make discretionary distributions to satisfy a legal obligation of support that the trustee personally owes another person.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).][PL 2005, c. 184, §18 (AMD).] 3.  Cotrustees; special fiduciary.  A power whose exercise is limited or prohibited by subsection 2 may be exercised by a majority of the remaining trustees whose exercise of the power is not so limited or prohibited. If the power of all trustees is so limited or prohibited, the court may appoint a special fiduciary with authority to exercise the power.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 4.  Exceptions.  Subsection 2 does not apply to:   A. A power held by the settlor's spouse who is the trustee of a trust for which a marital deduction, as defined in the federal Internal Revenue Code of 1986, Section 2056(b)(5) or 2523(e), as in effect on July 1, 2005, or as later amended, was previously allowed;   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]B. Any trust during any period that the trust may be revoked or amended by its settlor; or   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]C. A trust if contributions to the trust qualify for the annual exclusion under the federal Internal Revenue Code of 1986, Section 2503(c) as in effect on July 1, 2005, or as later amended.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).][PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF). PL 2005, c. 184, §17 (AMD). PL 2005, c. 184, §18 (AMD).
18-B ME Rev Stat § 815 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 8: DUTIES AND POWERS OF TRUSTEE|18-B §815. General powers of trustee

 §815. General powers of trustee 1.  General powers.  A trustee, without authorization by the court, may exercise:   A. Powers conferred by the terms of the trust; and   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]B. Except as limited by the terms of the trust:   (1) All powers over the trust property that an unmarried competent owner has over individually owned property;   (2) Any other powers appropriate to achieve the proper investment, management and distribution of the trust property; and   (3) Any other powers conferred by this Code.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).][PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 2.  Subject to fiduciary duties.  The exercise of a power is subject to the fiduciary duties prescribed by this chapter.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 817 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 8: DUTIES AND POWERS OF TRUSTEE|18-B §817. Distribution upon termination

 §817. Distribution upon termination 1.  Proposed distribution.  Upon termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. The right of any beneficiary to object to the proposed distribution terminates if the beneficiary does not notify the trustee of an objection within 30 days after the proposal was sent but only if the proposal informed the beneficiary of the right to object and of the time allowed for objection.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 2.  Distribution; reasonable reserve.  Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses and taxes.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 3.  Release from liability invalid.  A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent:   A. It was induced by improper conduct of the trustee; or   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]B. The beneficiary, at the time of the release, did not know of the beneficiary's rights or of the material facts relating to the breach.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).][PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 901 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 9: MAINE UNIFORM PRUDENT INVESTOR ACT|18-B §901. Prudent investor rule

 §901. Prudent investor rule 1.  Duty to comply.  Except as otherwise provided in section 902, a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set forth in this chapter.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 2.  Altered by provisions of trust.  The prudent investor rule may be expanded, restricted, eliminated or otherwise altered by the provisions of a trust. A trustee is not liable to a beneficiary to the extent that the trustee acted in reasonable reliance on the provisions of the trust.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 903 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 9: MAINE UNIFORM PRUDENT INVESTOR ACT|18-B §903. Diversification

 §903. Diversification A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 904 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 9: MAINE UNIFORM PRUDENT INVESTOR ACT|18-B §904. Duties at inception of trusteeship

 §904. Duties at inception of trusteeship Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of assets in order to bring the trust portfolio into compliance with the purposes, terms, distribution requirements and other circumstances of the trust and with the requirements of this chapter.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 905 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 9: MAINE UNIFORM PRUDENT INVESTOR ACT|18-B §905. Reviewing compliance

 §905. Reviewing compliance Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF). RR 2011, c. 1, §22 (COR).
18-B ME Rev Stat § 906 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 9: MAINE UNIFORM PRUDENT INVESTOR ACT|18-B §906. Language invoking standard of chapter

 §906. Language invoking standard of chapter The following terms or comparable language in the provisions of a trust, unless otherwise limited or modified, authorizes any investment or strategy permitted under this chapter: "investments permissible by law for investment of trust funds"; "legal investments"; "authorized investments"; "using the judgment and care under the circumstances then prevailing that persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital"; "prudent man rule"; "prudent trustee rule"; "prudent person rule"; or "prudent investor rule."   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 907 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 9: MAINE UNIFORM PRUDENT INVESTOR ACT|18-B §907. Uniformity of application and construction

 §907. Uniformity of application and construction This chapter must be applied and construed to effectuate its general purposes to make uniform the law with respect to the subject of the Uniform Prudent Investor Act among the states enacting it.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 908 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 9: MAINE UNIFORM PRUDENT INVESTOR ACT|18-B §908. Short title

 §908. Short title This chapter may be known and cited as the "Maine Uniform Prudent Investor Act."   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 1001 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 10: LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE|18-B §1001. Remedies for breach of trust

 §1001. Remedies for breach of trust 1.  Violation of duty.  A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 2.  Remedies.  To remedy a breach of trust that has occurred or may occur, the court may:   A. Compel the trustee to perform the trustee's duties;   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]B. Enjoin the trustee from committing a breach of trust;   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]C. Compel the trustee to redress a breach of trust by paying money, restoring property or other means;   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]D. Order a trustee to account;   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]E. Appoint a special fiduciary to take possession of the trust property and administer the trust;   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]F. Suspend the trustee;   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]G. Remove the trustee as provided in section 706;   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]H. Reduce or deny compensation to the trustee;   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]I. Subject to section 1012, void an act of the trustee, impose a lien or a constructive trust on trust property or trace trust property wrongfully disposed of and recover the property or its proceeds; or   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]J. Order any other appropriate relief.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).][PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 1002 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 10: LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE|18-B §1002. Damages for breach of trust

 §1002. Damages for breach of trust 1.  Damages.  A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:   A. The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; and   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]B. The profit the trustee made by reason of the breach.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).][PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 2.  Contribution from other trustees.  Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 1003 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 10: LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE|18-B §1003. Damages in absence of breach

 §1003. Damages in absence of breach 1.  Accountable for profit.  A trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust. Nothing in this section limits a trustee's right to reasonable compensation under section 708.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 2.  Not accountable for loss, depreciation or no profit.  Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 1004 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 10: LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE|18-B §1004. Attorney's fees and costs

 §1004. Attorney's fees and costs In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney's fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 1005 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 10: LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE|18-B §1005. Limitation of action against trustee

 §1005. Limitation of action against trustee 1.  Report; one-year limitation.  A beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 2.  Disclosure of potential claim.  A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 3.  Six years.  If subsection 1 does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within 6 years after the first to occur of:   A. The removal, resignation or death of the trustee;   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]B. The termination of the beneficiary's interest in the trust; and   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]C. The termination of the trust.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).][PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 1006 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 10: LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE|18-B §1006. Reliance on trust instrument

 §1006. Reliance on trust instrument A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 1007 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 10: LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE|18-B §1007. Event affecting administration or distribution

 §1007. Event affecting administration or distribution If the happening of an event, including marriage, divorce, performance of educational requirements or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 1008 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 10: LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE|18-B §1008. Exculpation of trustee

 §1008. Exculpation of trustee 1.  Exculpation unenforceable.  A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:   A. Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]B. Was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).][PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 2.  Invalid; proof otherwise.  An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).