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 203d - Principal and Income › Section 23 - Derivatives and Options

Section 23. (a) To the extent that a trustee does not account under section 12 for transactions in derivatives, the trustee shall allocate to principal receipts from and disbursements made in connection with those transactions.
(b) If a trustee grants an option to buy property from the trust, whether or not the trust owns the property when the option is granted, grants an option that permits another person to sell property to the trust, or acquires an option to buy property for the trust or an option to sell an asset owned by the trust, and the trustee or other owner of the asset is required to deliver the asset if the option is exercised, an amount received for granting the option must be allocated to principal. An amount paid to acquire the option must be paid from principal. A gain or loss realized upon the exercise of an option, including an option granted to a settlor of the trust for services rendered, shall be allocated to principal.
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 203d - Principal and Income › Section 24 - Asset-Backed Securities

Section 24. (a) If a trust receives a payment from interest or other current return and from other proceeds of the collateral financial assets, the trustee shall allocate to income the portion of the payment which the payer identifies as being from interest or other current return and shall allocate the balance of the payment to principal.
(b) If a trust receives one or more payments in exchange for the trust's entire interest in an asset-backed security in 1 accounting period, the trustee shall allocate the payments to principal. If a payment is 1 of a series of payments that will result in the liquidation of the trust's interest in the security over more than 1 accounting period, the trustee shall allocate 10 per cent of the payment to income and the balance to principal.
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 203d - Principal and Income › Section 25 - Disbursements From Income

Section 25. A trustee shall make the following disbursements from income if they are not disbursements to which clause (ii) or (iii) of paragraph (2) of section 6 applies:
(1) so much of the regular compensation of the trustee and of any person providing investment advisory or custodial services to the trustee, and expenses for accountings, judicial proceedings or other matters that involve both the income and remainder interests as shall be determined by the trustee;
(2) all of the other ordinary expenses incurred in connection with the administration, management or preservation of trust property and the distribution of income, including interest, ordinary repairs, regularly recurring taxes assessed against principal and expenses of a proceeding or other matter that concerns primarily the income interest; and
(3) recurring premiums on insurance covering the loss of a principal asset or the loss of income from or use of the asset.
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 203d - Principal and Income › Section 26 - Disbursements From Principal

Section 26. (a) A trustee shall make the following disbursements from principal:
(1) such of the disbursements described in clause (1) of section 25 as are not charged to income;
(2) all of the trustee's compensation calculated on principal as a fee for acceptance, distribution, or termination, and disbursements made to prepare property for sale;
(3) payments on the principal of a trust debt;
(4) expenses of a proceeding that concerns primarily principal, including a proceeding to construe the trust or to protect the trust or its property;
(5) premiums paid on a policy of insurance not described in clause (3) of section 25 of which the trust is the owner and beneficiary;
(6) estate, inheritance, and other transfer taxes, including penalties, apportioned to the trust; and
(7) disbursements related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or potentially liable for the costs of those activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common law claims by third parties, and defending claims based on environmental matters.
(b) If a principal asset is encumbered with an obligation that requires income from that asset to be paid directly to the creditor, the trustee shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation.
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 203d - Principal and Income › Section 27 - Transfers From Income to Principal for Depreciation

Section 27. (a) A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation:
(1) of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary;
(2) during the administration of a decedent's estate; or
(3) under this section if the trustee is accounting under section 12 for the business or activity in which the asset is used.
(b) An amount transferred to principal need not be held as a separate fund.
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 203d - Principal and Income › Section 28 - Transfers From Income to Reimburse Principal

Section 28. If an amount chargeable to income is unusually large, a trustee may pay all or any part of such amount from principal and shall reimburse principal by transfers from income over a reasonable period of time.
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 203d - Principal and Income › Section 29 - Income Taxes

Section 29. (a) A tax required to be paid by a trustee based on receipts allocated to income shall be paid from income.
(b) A tax required to be paid by a trustee based on receipts allocated to principal shall be paid from principal, even if the tax is called an income tax by the taxing authority.
(c) A tax required to be paid by a trustee on the trust's share of an entity's taxable income shall be paid proportionately:
(1) from income if receipts from the entity are allocated to income; and
(2) from principal if:—
(i) receipts from the entity are allocated to principal; and
(ii) the trust's share of the entity's taxable income exceeds the total receipts described in this clause and in paragraph (1).
(d) For purposes of this section, receipts allocated to principal or income shall be reduced by the amount distributed to a beneficiary from principal or income for which the trust receives a deduction in calculating the tax.
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 1 - General Provisions and Definitions › Section 101 - Short Title

Section 101. Short title
This chapter shall be known and may be cited as the Massachusetts Uniform Trust Code.
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 1 - General Provisions and Definitions › Section 102 - Scope

Section 102. Scope
This chapter applies to express trusts, charitable or non-charitable, of a donative nature and trusts created pursuant to a judgment or decree that requires the trust to be administered in the manner of an express 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 1 - General Provisions and Definitions › Section 103 - Definitions

Section 103. Definitions
In this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:—
''Action'', with respect to an act of a trustee, includes a failure to act.
''Ascertainable standard'', a standard relating to an individual's health, education, support or maintenance.
''Beneficiary'', a person who has a present or future beneficial interest in a trust, vested or contingent.
''Charitable trust'', a trust, or portion of a trust, created for a charitable purpose described in subsection (a) of section 405.
''Environmental law'', a federal, state or local law, rule, regulation or ordinance relating to protection of the environment.
''Interests of the beneficiaries'', the beneficial interests provided in the terms of the trust.
''Jurisdiction'', a geographic area, including a state or country.
''Person'', an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation or any other legal or commercial entity.
''Property'', anything that may be the subject of ownership, whether real, personal, legal, equitable or any interest therein.
''Qualified beneficiary'', a beneficiary who, on the date the beneficiary's qualification is determined:
(i) is a distributee or permissible distributee of trust income or principal; or
(ii) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.
''Revocable'', a trust that is revocable by the settlor without the consent of the trustee or a person holding an adverse interest.
''Settlor'', a person, including a testator, who creates or contributes property to a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person's contribution except to the extent another person has the power to revoke or withdraw that portion.
''Spendthrift provision'', a term of a trust which restrains transfer of a beneficiary's interest.
''State'', a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States, including an Indian tribe or band recognized by federal law or formally acknowledged by a state.
''Terms of a trust'', the manifestation of the settlor's intent regarding a trust's provisions as expressed in the trust instrument or as may be established by other evidence that would be admissible in a judicial proceeding.
''Trust instrument'', an instrument that contains terms of the trust, including any amendments thereto.
''Trustee'', an original, additional or successor trustee or a co-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 1 - General Provisions and Definitions › Section 104 - Knowledge

Section 104. Knowledge
(a) Subject to subsection (b), a person shall have knowledge of a fact if the person:
(1) has actual knowledge of it;
(2) has received a notice or notification of it; or
(3) from all the facts and circumstances known to the person at the time in question, has reason to know it.
(b) An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information.
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 1 - General Provisions and Definitions › Section 105 - Default and Mandatory Rules

Section 105. Default and mandatory rules
(a) Except as otherwise provided in the terms of the trust, this chapter shall govern the duties and powers of a trustee, relations among trustees and the rights and interests of a beneficiary.
(b) The terms of a trust shall prevail over any provision of this chapter except:
(1) the requirements for creating a trust;
(2) the duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries;
(3) the requirement that a trust have a purpose that is lawful and not contrary to public policy;
(4) the power of the court to modify or terminate a trust under sections 410 to 416, inclusive;
(5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust, as provided in article 5;
(6) the power of the court under section 702 to require, dispense with or modify or terminate a bond;
(7) the power of the court under subsection (b) of section 708 to adjust a trustee's compensation specified in the terms of the trust which is unreasonably low or high;
(8) the effect of an exculpatory term under section 1008;
(9) the rights under sections 1010 to 1013, inclusive, of a person other than a trustee or beneficiary; and
(10) the power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice.
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 1 - General Provisions and Definitions › Section 106 - Common Law of Trusts; Principles of Equity

Section 106. Common law of trusts; principles of equity
The common law of trusts and principles of equity shall supplement this chapter, except to the extent modified by this chapter or any other general or special law.
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 1 - General Provisions and Definitions › Section 108 - Principal Place of Administration

Section 108. Principal place of administration
(a) Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration shall be valid and controlling if:
(1) a trustee's principal place of business is located in, or a trustee is a resident of, the designated jurisdiction; or
(2) all or part of the administration occurs in the designated jurisdiction.
(b) Without precluding the right of a court to order, approve or disapprove a transfer, the trustee may, but has no affirmative duty to, transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States.
(c) The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's principal place of administration not less than 60 days before initiating the transfer. The notice of proposed transfer shall include:
(1) the name of the jurisdiction to which the principal place of administration is to be transferred;
(2) the address and telephone number at the new location at which the trustee can be contacted;
(3) an explanation of the reasons for the proposed transfer;
(4) the date on which the proposed transfer is anticipated to occur; and
(5) the date, not less than 60 days after the giving of the notice, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer.
(d) The authority of a trustee under this section to transfer a trust's principal place of administration shall terminate if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.
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 1 - General Provisions and Definitions › Section 109 - Methods and Waiver of Notice

Section 109. Methods and waiver of notice
(a) Notice to a person under this chapter, or the sending of a document to a person under this chapter, shall be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document shall include first-class mail, personal delivery or delivery to the person's last known place of residence or place of business.
(b) Notice required under this chapter, or a document required to be sent under this chapter, need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.
(c) Notice under this chapter, or the sending of a document under this chapter, may be waived by the person to be notified or sent the document.
(d) Notice of a judicial proceeding, authorized by this chapter to be brought by petition in the probate and family court department of the trial court, shall be given as provided in section 1–401 of chapter 190B. Notice of any other judicial proceeding shall be given as provided in the applicable procedural rules.
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 1 - General Provisions and Definitions › Section 110 - Others Treated as Qualified Beneficiaries

Section 110. Others treated as qualified beneficiaries
(a) Whenever notice to qualified beneficiaries of a trust is required under this chapter, the trustee shall also give notice to any other beneficiary who has sent the trustee a request for notice.
(b) A charitable organization expressly designated to receive distributions under the terms of a charitable trust shall have the rights of a qualified beneficiary under this chapter if, on the date the charitable organization's qualification is being determined, the charitable organization:
(1) is a distributee or permissible distributee of trust income or principal; or
(2) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.
(c) A person appointed to enforce a trust created for the care of an animal or another non-charitable purpose, as provided in sections 408 and 409, shall have the rights of a qualified beneficiary under 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 1 - General Provisions and Definitions › Section 111 - Non-Judicial Settlement Agreements

Section 111. Non-judicial settlement agreements
(a) For purposes of this section, ''interested persons'' shall mean persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.
(b) Except as otherwise provided in subsection (c), interested persons may enter into a binding non-judicial settlement agreement with respect to any matter involving a trust.
(c) A non-judicial settlement agreement shall be valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law.
(d) Matters that may be resolved by a non-judicial settlement agreement shall include:
(1) the interpretation or construction of the terms of a trust;
(2) the approval of a trustee's report or accounting;
(3) direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;
(4) the resignation or appointment of a trustee and the determination of a trustee's compensation;
(5) transfer of a trust's principal place of administration; and
(6) liability of a trustee for an action relating to the trust.
(e) Any interested person may request that the court approve a non-judicial settlement agreement to determine whether the representation, as provided in article 3, was adequate and to determine whether the agreement contains terms and conditions the court could have properly approved.
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 1 - General Provisions and Definitions › Section 112 - Rules of Construction

Section 112. Rules of construction
The rules of construction that apply in the commonwealth to the interpretation of and disposition of property by will shall also apply, as appropriate, to the interpretation of the terms of a revocable trust and the disposition of the trust property. For the purposes of this section, a ''revocable trust'' shall mean a trust that is: (1) revocable by the settlor until the time of the settlor's death; (2) created or amended by the settlor after the effective date of this chapter; and (3) was intended to dispose of the settlor's property at death, whether under will or otherwise and whether the trust was funded at the time of the settlor's death.
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 1 - General Provisions and Definitions › Section 113 - Qualification of Foreign Trustee

Section 113. Qualification of foreign trustee
A foreign corporate trustee shall qualify as a foreign corporation doing business in the commonwealth if it maintains the principal place of administration of any trust within the commonwealth. A foreign co-trustee shall not be required to qualify in the commonwealth solely because its co-trustee maintains the principal place of administration in the commonwealth. Unless otherwise doing business in the commonwealth, local qualification by a foreign trustee, corporate or individual, shall not be required for the trustee to receive distribution from a local estate, to hold, invest in, manage or acquire property located in the commonwealth or to maintain litigation. Nothing in this section shall affect a determination of what other acts require qualification as doing business in the commonwealth.
{HG4}ARTICLE 2 {HG4C}JUDICIAL PROCEEDINGS
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 2 - Judicial Proceedings › Section 201 - Role of Court in Administration of Trust

Section 201. Role of court in administration of trust
(a) The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.
(b) A trust shall not be subject to continuing judicial supervision unless ordered by the court.
(c) A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions and an action to declare rights.
(d) A proceeding brought under this chapter in the probate and family court department of the trial court to appoint or remove a trustee, to approve the resignation of a trustee, to review and settle accounts of a trustee or concerning any other matter relating to the administration of a trust may be initiated by filing a petition and giving notice to interested parties, as provided in section 109. A decree or judgment shall be valid only to those who are given notice of the proceeding.
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 2 - Judicial Proceedings › Section 202 - Jurisdiction Over Trustee and Beneficiary

Section 202. Jurisdiction over trustee and beneficiary
(a) By accepting the trusteeship of a trust having its principal place of administration in the commonwealth or by moving the principal place of administration to the commonwealth, the trustee submits personally to the jurisdiction of the courts of the commonwealth regarding any matter involving the trust.
(b) With respect to their interests in the trust, the beneficiaries of a trust with its principal place of administration in the commonwealth shall be subject to the jurisdiction of the courts of the commonwealth regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of the commonwealth regarding any matter involving the trust.
(c) This section shall not preclude other methods of obtaining jurisdiction over a trustee, beneficiary or other person receiving property from 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 2 - Judicial Proceedings › Section 203 - Trust Proceedings; Dismissal of Matters Relating to Foreign Trusts

Section 203. Trust proceedings; dismissal of matters relating to foreign trusts
The court shall not over the objection of a party, entertain proceedings under section 201 involving a trust registered or having its principal place of administration in another state, unless: (1) all appropriate parties could not be bound by litigation in the courts of the state where the trust is registered or has its principal place of administration; or (2) the interests of justice otherwise would seriously be impaired. The court may condition a stay or dismissal of a proceeding under this section on the consent of a party to submit to the jurisdiction of the state in which the trust is registered or has its principal place of administration or the court may grant a continuance or enter any other appropriate order.
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 2 - Judicial Proceedings › Section 204 - Venue

Section 204. Venue
A trust shall be subject to the jurisdiction of the probate and family court department of the trial court of the commonwealth in the county where its principal place of administration is located. The principal place of administration of a testamentary trust shall be deemed to be the location of the court of the commonwealth in which the will creating the trust was granted informal or formal probate. Unless otherwise designated in the trust instrument, the principal place of administration of an inter vivos trust shall be the trustee's usual place of business where the records pertaining to the trust are kept or at the trustee's residence if the trustee has no such place of business. In the case of co-trustees, the principal place of administration, if not otherwise designated in the trust instrument, shall be: (1) the usual place of business of the corporate trustee if there is but 1 corporate co-trustee; (2) the usual place of business or residence of the individual trustee who is a professional fiduciary if there is but 1 such person and no corporate co-trustee; or (3) the usual place of business or residence of any of the co-trustees as agreed upon by them.
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 2 - Judicial Proceedings › Section 205 - Petition for Transfers of Trust Property the Disposition of Which Depends Upon the Death of an Absentee

Section 205. Petition for transfers of trust property the disposition of which depends upon the death of an absentee
(a) If a trustee holds trust property the disposition of which depends upon the death of an absentee whose death has not been determined, the trustee, or any person who would be interested in the trust property if the absentee were dead may on or after the day 5 years after the date of the absentee's disappearance petition the court having jurisdiction of the trust for an order that the trust property be disposed of to the persons it would have been distributed to under the trust if the absentee had died on that day.
(b) The court may direct the petitioner to report the results of a reasonably diligent search for the absentee in any manner that may seem advisable, including any or all of the following methods:
(1) by inserting in a periodical of general circulation a notice requesting information from any person having knowledge of the whereabouts of the absentee;
(2) by notifying law enforcement officials, public welfare agencies and registers of deaths in appropriate locations of the disappearance of the absentee; or
(3) by engaging the services of an investigator.
The costs of any search so directed shall be paid from the trust property.
(c) After a search described in subsection (b) has been completed to the satisfaction of the court, notice of the hearing on the petition shall be given as provided in section 1–401 of chapter 190B.
(d) If after the hearing the court finds that the facts warrant a presumption of death, the court shall enter an appropriate order of disposition of the trust property and any undistributed net income.
ARTICLE 3 REPRESENTATION
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 3 - Representation › Section 301 - Representation: Basic Effect

Section 301. Representation: basic effect.
(a) Notice to a person who may represent and bind another person under this article shall have the same effect as if notice were given directly to the other person.
(b) The consent of a person who may represent and bind another person under this article shall be binding on the person represented unless the person represented objects to the representation before the consent becomes effective.
(c) Except as otherwise provided in section 602, a person who, under this article, may represent a settlor who lacks capacity may receive notice and give binding consent on the settlor's behalf.
(d) A settlor may not represent and bind a beneficiary under this article with respect to the termination or modification of a trust under subsection (a) of section 411.
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 3 - Representation › Section 302 - Representation by Holder of General Testamentary Power of Appointment

Section 302. Representation by holder of general testamentary power of appointment
To the extent there is no conflict of interest between the holder of a general testamentary power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default or otherwise, are 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 3 - Representation › Section 303 - Representation by Fiduciaries and Parents

Section 303. Representation by fiduciaries and parents
To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:
(1) a conservator may represent and bind the estate that the conservator controls;
(2) a guardian may represent and bind the ward or protected person if a conservator has not been appointed;
(3) an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;
(4) a trustee may represent and bind the beneficiaries of the trust;
(5) a personal representative of a decedent's estate may represent and bind persons interested in the estate; and
(6) a parent may represent and bind the parent's minor or unborn child if a conservator or guardian for the child has not been appointed.
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 3 - Representation › Section 304 - Representation by Person Having Substantially Identical Interest

Section 304. Representation by person having substantially identical interest
Unless otherwise represented, a minor, incapacitated or unborn individual or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented.
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 3 - Representation › Section 305 - Appointment of Guardian Ad Litem

Section 305. Appointment of guardian ad litem
(a) If the court determines that an interest is not represented under this article or that the otherwise available representation might be inadequate, the court may appoint a guardian ad litem to receive notice, give consent and otherwise represent, bind and act on behalf of a minor, incapacitated or unborn individual or a person whose identity or location is unknown. A guardian ad litem may be appointed to represent several persons or interests.
(b) A guardian ad litem may act on behalf of the individual represented with respect to any matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending.
(c) In making decisions, a guardian ad litem may consider general benefit accruing to the living members of the individual's family.
ARTICLE 4 CREATION, VALIDITY, MODIFICATION AND TERMINATION 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 4 - Creation, Validity, Modification and Termination of Trust › Section 401 - Methods of Creating Trust

Section 401. Methods of creating trust
A trust may be created by:
(1) transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death;
(2) declaration by the owner of property that the owner holds identifiable property as trustee; or
(3) exercise of a power of appointment in favor of a 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 4 - Creation, Validity, Modification and Termination of Trust › Section 402 - Requirements for Creation

Section 402. Requirements for creation
(a) A trust shall be created only if:
(1) the settlor has capacity to create a trust;
(2) the settlor indicates an intention to create the trust;
(3) the trust has a definite beneficiary or is:
(A) a charitable trust;
(B) a trust for the care of an animal, as provided in section 408; or
(C) a trust for a non-charitable purpose, as provided in section 409;
(4) the trustee has duties to perform; and
(5) the same person is not the sole trustee and sole beneficiary.
(b) A beneficiary shall be definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.
(c) A power in a trustee to select a beneficiary from an indefinite class shall be valid. If the power is not exercised within a reasonable time, the power shall fail and the property subject to the power shall pass to the persons who would have taken the property had the power not been conferred.
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 403 - Trusts Created in Other Jurisdictions

Section 403. Trusts created in other jurisdictions
A trust not created by will shall be validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed or the law of the jurisdiction in which, at the time of creation:
(1) the settlor was domiciled, had a place of abode or was a national;
(2) a trustee was domiciled or had a place of business; or
(3) any trust property was located.
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 404 - Trust Purposes

Section 404. Trust purposes
A trust may be created only to the extent its purposes are lawful and not contrary to public policy.
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 405 - Charitable Purposes; Enforcement

Section 405. Charitable purposes; enforcement
(a) A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes or other purposes which are beneficial to the community.
(b) If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary and do not provide a method to select such a purpose or beneficiary, the court may select 1 or more charitable purposes or beneficiaries. The selection shall be consistent with the settlor's intention to the extent it can be ascertained.
(c) The settlor of a charitable trust may maintain a proceeding to enforce 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 4 - Creation, Validity, Modification and Termination of Trust › Section 406 - Creation of Trust Induced by Fraud, Duress or Undue Influence

Section 406. Creation of trust induced by fraud, duress or undue influence
A trust shall be void to the extent its creation was induced by fraud, duress or undue influence.
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 407 - Evidence of Oral Trust

Section 407. Evidence of oral trust
Except as required by statute, a trust need not be evidenced by a trust instrument. The creation of an oral trust and its terms shall be established by clear and convincing evidence.
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 409 - Non-Charitable Trust Without Ascertainable Beneficiary

Section 409. Non-charitable trust without ascertainable beneficiary.
Except as otherwise provided in section 408, or by another general or special law, the following rules shall apply:
(1) A trust may be created for a non-charitable purpose without a definite or definitely ascertainable beneficiary or for a non-charitable but otherwise valid purpose to be selected by the trustee.
(2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court.
(3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Property not required for the intended use shall be distributed to the settlor, if then living, otherwise to the settlor's successors in interest, unless the terms of the trust provide otherwise.
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 410 - Modification or Termination of Trust; Proceedings for Approval or Disapproval

Section 410. Modification or termination of trust; proceedings for approval or disapproval
(a) In addition to the methods of termination prescribed by sections 411 to 414, inclusive, a trust shall terminate if it is revoked or expires under its terms, no purpose of the trust remains to be achieved or the purposes of the trust have become unlawful, contrary to public policy or impossible to achieve.
(b) A proceeding to approve or disapprove a proposed modification or termination under sections 411 to 416, inclusive, or a trust combination or division under section 417, may be commenced by a trustee or beneficiary and a proceeding to approve or disapprove a proposed modification or termination under section 411 may be commenced by 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 4 - Creation, Validity, Modification and Termination of Trust › Section 411 - Modification or Termination of Non-Charitable Irrevocable Trust by Consent

Section 411. Modification or termination of non-charitable irrevocable trust by consent
(a) If, upon petition, the court finds that the settlor and all beneficiaries consent to the modification or termination of a non-charitable irrevocable trust, the court may approve the modification or termination even if the modification or termination is inconsistent with a material purpose of the trust.
(b) A non-charitable irrevocable trust may be terminated upon consent of all of the beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. A non-charitable irrevocable trust may be modified upon consent of all of the beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust.
(c) If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection (a) or (b), the modification or termination may be approved by the court if the court is satisfied that:
(1) if all of the beneficiaries had consented, the trust could have been modified or terminated under this section; and
(2) the interests of a beneficiary who does not consent will be adequately protected.