reglab/statecodes huggingface dataset:
2023 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 412 - Modification or Termination Because of Unanticipated Circumstances or Inability to Administer Trust Effectively

Section 412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively
(a) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification shall be made in accordance with the settlor's probable intent.
(b) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.
2023 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 414 - Modification or Termination of Uneconomic Trust

Section 414. Modification or termination of uneconomic trust
(a) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value of less than $200,000 may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration.
(b) The court may modify or terminate a trust or remove the trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration.
(c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.
(d) This section shall not apply to an easement for conservation or preservation.
(e) Action may be taken under this section regardless of any spendthrift or similar protective provision.
2023 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.
2023 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.
{HG4}ARTICLE 5 {HG4C}CREDITOR'S CLAIMS; SPENDTHRIFT AND DISCRETIONARY TRUSTS
2023 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.
2023 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.
2023 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).]
2023 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.
2023 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.
ARTICLE 6 REVOCABLE TRUSTS
2023 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.
2023 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.
2023 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.
ARTICLE 7 OFFICE OF TRUSTEE
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
ARTICLE 8 DUTIES AND POWERS OF TRUSTEE
2023 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 › 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.
2023 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 › Section 803 - Impartiality

Section 803. Impartiality
If a trust has 2 or more beneficiaries, the trustee shall act impartially in investing, managing and distributing the trust property, giving due regard to the beneficiaries' respective interests.
2023 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 › Section 804 - Prudent Administration

Section 804. Prudent administration
A trustee shall administer the trust as a prudent person would, considering the purposes, terms and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill and caution.
2023 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 › Section 805 - Costs of Administration

Section 805. Costs of administration
In administering a trust, the trustee may incur only costs that are appropriate and reasonable in relation to the trust property, the purposes of the trust and the skills of the trustee.
2023 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 › Section 806 - Trustee's Skills

Section 806. Trustee's skills
A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee's representation that the trustee has such special skills or expertise, shall have a duty to use such special skills or expertise.
2023 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 › Section 807 - Delegation by Trustee

Section 807. Delegation by trustee
(a) A trustee may delegate duties and powers if it is prudent to do so. The trustee shall exercise reasonable care, skill and caution in:
(1) selecting an agent;
(2) establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and
(3) periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation.
(b) In performing a delegated function, an agent shall owe a duty to the trust to exercise reasonable care to comply with the terms of the delegation.
(c) A trustee who complies with subsection (a) shall not be liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated.
(d) By accepting a delegation of powers or duties from the trustee of a trust that is subject to the laws of the commonwealth, an agent shall submit to the jurisdiction of the courts of the commonwealth.
2023 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 › Section 808 - Powers to Direct

Section 808. Powers to direct
(a) While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust.
(b) If the terms of a trust confer upon a person, other than the settlor of a revocable trust, power to direct certain actions of the trustee, the trustee shall act in accordance with an exercise of the power, unless the attempted exercise is manifestly contrary to the terms of the trust or the trustee knows the attempted exercise would constitute a serious breach of a fiduciary duty that the person holding the power owes to the beneficiaries of the trust.
(c) A person who holds a power to direct is presumptively a fiduciary who is required to act in good faith with regard to the purposes of the trust and the interests of the beneficiaries. The holder of a power to direct shall be liable for any loss that results from a breach of a fiduciary duty.
2023 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 › Section 809 - Control and Protection of Trust Property

Section 809. Control and protection of trust property
A trustee shall take reasonable steps to take control of and protect the trust property.
2023 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 › Section 810 - Recordkeeping and Identification of Trust Property

Section 810. Recordkeeping and identification of trust property
(a) A trustee shall keep adequate records of the administration of the trust.
(b) A trustee shall keep trust property separate from the trustee's own property.
(c) A trustee may invest as a whole, the property of 2 or more separate trusts, if the trustee maintains records clearly indicating the respective interests.
2023 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 › Section 811 - Enforcement and Defense of Claims

Section 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.
2023 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 › Section 812 - Collecting Trust Property

Section 812. Collecting trust property
A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee and to redress a breach of trust known to the trustee to have been committed by a former trustee.
2023 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 › Section 813 - Duty to Inform and Report

Section 813. Duty to inform and report
(a) A trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust. Unless unreasonable under the circumstances, a trustee shall promptly respond to a qualified beneficiary's request for information related to the administration of the trust.
(b) Within 30 days after acceptance of the trust or the trust becomes irrevocable, whichever is later, the trustee shall inform, in writing, the qualified beneficiaries of the trustee's name and address. The information shall be delivered or sent by ordinary first class mail.
(c) A trustee shall send an account to the distributees and permissible distributees of trust income or principal and to other qualified beneficiaries who request it, at least annually and at the termination of the trust. The account of trust income and principal may be formal or informal, but shall include information relating to the trust property, liabilities, receipts and disbursements, including the amount of the trustee's compensation, a listing of the trust assets and, if feasible, their respective market values.
(d) A beneficiary may waive the right to a trustee's account of trust income or principal or other information otherwise required to be furnished under this section. A beneficiary, with respect to future accounts and other information, may withdraw a waiver previously given. A waiver of a trustee's account or other information shall not relieve the trustee from accountability and potential liability for matters that the account or other information would have disclosed.
2023 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 › Section 814 - Discretionary Powers; Tax Savings

Section 814. Discretionary powers; tax savings
(a) Notwithstanding the broad 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 and the interests of the beneficiaries.
(b) Subject to subsection (d), and unless the terms of the trust expressly indicate that a rule in this subsection shall not apply, the following rules shall apply:
(1) 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
(2) a trustee shall not exercise a power to make discretionary distributions to satisfy a legal obligation of support that the trustee personally owes another person.
(c) A power that is limited or prohibited by subsection (b) 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.
(d) Subsection (b) shall not apply to:
(1) a power held by the settlor's spouse who is the trustee of a trust for which a marital deduction was previously allowed; or
(2) any trust during any period that the trust may be revoked or amended by its settlor.
2023 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 › Section 815 - General Powers of Trustee

Section 815. General powers of trustee
(a) A trustee, without authorization by the court, may exercise:
(1) powers conferred by the terms of the trust; or
(2) except as limited by the terms of the trust:
(i) all powers over the trust property which an unmarried competent owner has over individually owned property;
(ii) any other powers appropriate to achieve the proper investment, management and distribution of the trust property; and
(iii) any other powers conferred by this chapter.
(b) The exercise of a power shall be subject to the fiduciary duties prescribed by this article.
2023 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 › Section 817 - Distribution Upon Termination

Section 817. Distribution upon termination
(a) 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 shall terminate if the beneficiary does not notify the trustee of an objection within 30 days after the proposal was sent, but only if the proposal: (i) informed the beneficiary of the right to object and of the time allowed for objection; and (ii) provided the beneficiary with sufficient material facts to enable the beneficiary to evaluate the proposal.
(b) 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.
ARTICLE 9 [RESERVED] ARTICLE 10 LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE
2023 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 10 - Liability of Trustees and Rights of Persons Dealing With Trustee › Section 1001 - Remedies for Breach of Trust

Section 1001. Remedies for breach of trust
(a) A violation by a trustee of a duty the trustee owes to a beneficiary shall be a breach of trust.
(b) To remedy a breach of trust that has occurred or may occur, the court may:
(1) compel the trustee to perform the trustee's duties;
(2) enjoin the trustee from committing a breach of trust;
(3) compel the trustee to redress a breach of trust by paying money, restoring property or other means;
(4) order a trustee to account;
(5) appoint a special fiduciary to take possession of the trust property and administer the trust;
(6) suspend the trustee;
(7) remove the trustee;
(8) reduce or deny compensation to the trustee;
(9) 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
(10) order any other appropriate relief.
2023 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 10 - Liability of Trustees and Rights of Persons Dealing With Trustee › Section 1005 - Limitation of Action Against Trustee

Section 1005. Limitation of action against trustee
(a) Unless previously barred by adjudication, consent or limitation, any claim against a trustee for breach of trust shall be barred as to any beneficiary who has received a final account or other statement fully disclosing the matter and showing termination of the trust relationship between the trustee and the beneficiary, unless a proceeding to assert the claim is commenced within 6 months after receipt of the final account or statement. Any claim against a trustee for breach of trust shall be barred in any event and notwithstanding lack of full disclosure, against a trustee who has issued a final account or statement received by the beneficiary and has informed the beneficiary of the location and availability of records for examination by the beneficiary after 3 years. A beneficiary is deemed to have received a final account or statement if, being an adult, it is received by the beneficiary personally or if, being a minor or disabled person, it is received by the beneficiary's representative as described in article 3.
(b) Where a claim is not barred by subsection (a), a beneficiary may not commence a proceeding against a trustee for breach of trust more than 3 years after the date the beneficiary or a representative of the beneficiary knew or reasonably should have known of the existence of a potential claim for breach of trust.
(c) If subsections (a) and (b) do not apply, a judicial proceeding against a trustee for breach of trust must be commenced within 5 years after the first to occur of:
(1) the removal, resignation or death of the trustee;
(2) the termination of the beneficiary's interest in the trust; or
(3) the termination of the trust.
2023 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 10 - Liability of Trustees and Rights of Persons Dealing With Trustee › Section 1006 - Reliance on Trust Instrument

Section 1006. Reliance on trust instrument
A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument shall not be liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.
2023 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 10 - Liability of Trustees and Rights of Persons Dealing With Trustee › Section 1007 - Event Affecting Administration or Distribution

Section 1007. Event affecting administration or distribution
If the happening of an event or change of status, including, but not limited to: birth, adoption, 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 or change of status shall not be liable for a loss resulting from the trustee's lack of knowledge.
2023 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 10 - Liability of Trustees and Rights of Persons Dealing With Trustee › Section 1008 - Exculpation of Trustee

Section 1008. Exculpation of trustee
(a) A term of a trust relieving a trustee of liability for breach of trust shall be unenforceable to the extent that it:
(1) 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
(2) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.
(b) An exculpatory term drafted or caused to be drafted by the trustee may be invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that its existence and contents were adequately communicated to the settlor.
2023 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 10 - Liability of Trustees and Rights of Persons Dealing With Trustee › Section 1009 - Beneficiary's Consent, Release or Ratification

Section 1009. Beneficiary's consent, release or ratification
A trustee shall not be liable to a beneficiary for breach of trust if the beneficiary, while having capacity, in writing, consented to the conduct constituting the breach, released the trustee from liability for the breach or ratified the transaction constituting the breach, unless:
(1) the consent, release or ratification of the beneficiary was induced by improper conduct of the trustee; or
(2) at the time of the consent, release or ratification, the beneficiary did not know of the material facts relating to the breach.
2023 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 10 - Liability of Trustees and Rights of Persons Dealing With Trustee › Section 1010 - Limitation on Personal Liability of Trustee

Section 1010. Limitation on personal liability of trustee
(a) Except as otherwise provided in the contract, a trustee shall not be personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee, in the contract, disclosed the fiduciary capacity.
(b) A trustee shall be personally liable for torts committed in the course of administering a trust or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.
(c) A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim.