reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 1: MAINE UNIFORM TRUST CODE › Chapter 12: MAINE UNIFORM TRUST DECANTING ACT › 18-B §1214. Trust limitation on decanting

§1214. Trust limitation on decanting
1.  Decanting power prohibited.
An authorized fiduciary may not exercise the decanting power to the extent the first-trust instrument expressly prohibits exercise of:
A. The decanting power; or   [PL 2021, c. 235, §1 (NEW).]
B. A power granted by state law to the authorized fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust.   [PL 2021, c. 235, §1 (NEW).]
[PL 2021, c. 235, §1 (NEW).]
2.  Decanting power restricted.
Exercise of the decanting power is subject to any restriction in the first-trust instrument that expressly applies to exercise of:
A. The decanting power; or   [PL 2021, c. 235, §1 (NEW).]
B. A power granted by state law to an authorized fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust.   [PL 2021, c. 235, §1 (NEW).]
[PL 2021, c. 235, §1 (NEW).]
3.  Decanting power not precluded.
A general prohibition on amendment or revocation of a first trust, a spendthrift provision or a clause restraining the voluntary or involuntary transfer of a beneficiary's interest does not preclude exercise of the decanting power.
[PL 2021, c. 235, §1 (NEW).]
4.  First trust permits modification or distribution.
Subject to subsections 1 and 2, an authorized fiduciary may exercise the decanting power pursuant to this Act even if the first-trust instrument permits the authorized fiduciary or another person to modify the first-trust instrument or to distribute part or all of the principal of the first trust to another trust.
[PL 2021, c. 235, §1 (NEW).]
5.  Express prohibition or restriction included in 2nd trust.
If a first-trust instrument contains an express prohibition described in subsection 1 or an express restriction described in subsection 2, the provision must be included in the 2nd-trust instrument.
[PL 2021, c. 235, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 235, §1 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 1: MAINE UNIFORM TRUST CODE › Chapter 12: MAINE UNIFORM TRUST DECANTING ACT › 18-B §1215. Change in compensation

§1215. Change in compensation
1.  Compensation specified.
If a first-trust instrument specifies an authorized fiduciary's compensation, the authorized fiduciary may not exercise the decanting power to increase the authorized fiduciary's compensation above the specified compensation unless:
A. All qualified beneficiaries of the 2nd trust consent to the increase in a signed record; or   [PL 2021, c. 235, §1 (NEW).]
B. The increase is approved by the court.   [PL 2021, c. 235, §1 (NEW).]
[PL 2021, c. 235, §1 (NEW).]
2.  Compensation not specified.
If a first-trust instrument does not specify an authorized fiduciary's compensation, the authorized fiduciary may not exercise the decanting power to increase the authorized fiduciary's compensation above the compensation permitted by this Part unless:
A. All qualified beneficiaries of the 2nd trust consent to the increase in a signed record; or   [PL 2021, c. 235, §1 (NEW).]
B. The increase is approved by the court.   [PL 2021, c. 235, §1 (NEW).]
[PL 2021, c. 235, §1 (NEW).]
3.  Change in compensation incidental.
A change in an authorized fiduciary's compensation that is incidental to other changes made by the exercise of the decanting power is not an increase in the authorized fiduciary's compensation for purposes of subsections 1 and 2.
[PL 2021, c. 235, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 235, §1 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 1: MAINE UNIFORM TRUST CODE › Chapter 12: MAINE UNIFORM TRUST DECANTING ACT › 18-B §1216. Relief from liability and indemnification

§1216. Relief from liability and indemnification
1.  Liability for breach of trust.
Except as otherwise provided in this section, a 2nd-trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument does.
[PL 2021, c. 235, §1 (NEW).]
2.  Indemnification for claim otherwise payable.
A 2nd-trust instrument may provide for indemnification of an authorized fiduciary of the first trust or another person acting in a fiduciary capacity under the first trust for any liability or claim that would have been payable from the first trust if the decanting power had not been exercised.
[PL 2021, c. 235, §1 (NEW).]
3.  No reduction in liability in aggregate.
A 2nd-trust instrument may not reduce fiduciary liability in the aggregate.
[PL 2021, c. 235, §1 (NEW).]
4.  Division and reallocation of fiduciary powers; relief from fiduciary liability.
Subject to subsection 3, a 2nd-trust instrument may divide and reallocate fiduciary powers among fiduciaries, including one or more trustees, distribution advisors, investment advisors, trust protectors or other persons, and relieve a fiduciary from liability for an act or failure to act of another fiduciary as permitted by a law of this State other than this Act.
[PL 2021, c. 235, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 235, §1 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 1: MAINE UNIFORM TRUST CODE › Chapter 12: MAINE UNIFORM TRUST DECANTING ACT › 18-B §1217. Removal or replacement of authorized fiduciary

§1217. Removal or replacement of authorized fiduciary
An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the authorized fiduciary unless:   [PL 2021, c. 235, §1 (NEW).]
1.  Person holding power consents.
The person holding the power to remove or replace the authorized fiduciary consents to the modification in a signed record and the modification applies only to the person;
[PL 2021, c. 235, §1 (NEW).]
2.  Person holding power and qualified beneficiaries consent.
The person holding the power to remove or replace the authorized fiduciary and the qualified beneficiaries of the 2nd trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or
[PL 2021, c. 235, §1 (NEW).]
3.  Court approves.
The court approves the modification and the modification grants a substantially similar power to remove or replace the authorized fiduciary to another person.
[PL 2021, c. 235, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 235, §1 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 1: MAINE UNIFORM TRUST CODE › Chapter 12: MAINE UNIFORM TRUST DECANTING ACT › 18-B §1219. Duration of 2nd trust

§1219. Duration of 2nd trust
1.  Duration.
Subject to subsection 2, a 2nd trust may have a duration that is the same as or different from the duration of the first trust.
[PL 2021, c. 235, §1 (NEW).]
2.  Rules applicable to property.
To the extent that property of a 2nd trust is attributable to property of the first trust, the property of the 2nd trust is subject to any rules governing maximum perpetuity, accumulation or suspension of the power of alienation that apply to property of the first trust.
[PL 2021, c. 235, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 235, §1 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 1: MAINE UNIFORM TRUST CODE › Chapter 12: MAINE UNIFORM TRUST DECANTING ACT › 18-B §1220. Need to distribute not required

§1220. Need to distribute not required
An authorized fiduciary may exercise the decanting power whether or not, under the first trust's discretionary distribution standard, the authorized fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise.   [PL 2021, c. 235, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 235, §1 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 1: MAINE UNIFORM TRUST CODE › Chapter 12: MAINE UNIFORM TRUST DECANTING ACT › 18-B §1221. Savings provision

§1221. Savings provision
1.  Second-trust instrument in part not in compliance.
If exercise of the decanting power would be effective under this Act except for the 2nd-trust instrument's partial noncompliance with this Act, the exercise of the decanting power is effective and the following applies with respect to the principal of the 2nd trust attributable to the exercise of the decanting power:
A. A provision in the 2nd-trust instrument that is not permitted under this Act is void to the extent necessary to comply with this Act; and   [PL 2021, c. 235, §1 (NEW).]
B. A provision required by this Act to be in the 2nd-trust instrument that is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with this Act.   [PL 2021, c. 235, §1 (NEW).]
[PL 2021, c. 235, §1 (NEW).]
2.  Fiduciary action.
If a trustee or other fiduciary of a 2nd trust determines that subsection 1 applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary's duties.
[PL 2021, c. 235, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 235, §1 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 1: MAINE UNIFORM TRUST CODE › Chapter 12: MAINE UNIFORM TRUST DECANTING ACT › 18-B §1222. Trust for care of animal

§1222. Trust for care of animal
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Animal trust" means a trust or an interest in a trust created to provide for the care of one or more animals.   [PL 2021, c. 235, §1 (NEW).]
B. "Protector" means a person appointed in an animal trust to enforce the trust on behalf of the animal or, if no such person is appointed in the trust, a person appointed by the court for that purpose.   [PL 2021, c. 235, §1 (NEW).]
[PL 2021, c. 235, §1 (NEW).]
2.  Consent of protector.
The decanting power may be exercised over an animal trust that has a protector to the extent the trust could be decanted under this Act if each animal that benefits from the trust were an individual, if the protector consents in a signed record to the exercise of the power.
[PL 2021, c. 235, §1 (NEW).]
3.  Rights of qualified beneficiary.
A protector for an animal has the rights under this Act of a qualified beneficiary.
[PL 2021, c. 235, §1 (NEW).]
4.  Time period first trust benefited animal.
Notwithstanding any provision of this Act to the contrary, if a first trust is an animal trust, in an exercise of the decanting power, the 2nd trust must provide that trust property may be applied only for its intended purpose for the time period the first trust benefited the animal.
[PL 2021, c. 235, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 235, §1 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 1: MAINE UNIFORM TRUST CODE › Chapter 12: MAINE UNIFORM TRUST DECANTING ACT › 18-B §1223. Terms of 2nd trust

§1223. Terms of 2nd trust
A reference in this Title to a trust instrument or terms of the trust includes a 2nd-trust instrument and the terms of the 2nd trust.   [PL 2021, c. 235, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 235, §1 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 1: MAINE UNIFORM TRUST CODE › Chapter 12: MAINE UNIFORM TRUST DECANTING ACT › 18-B §1224. Settlor

§1224. Settlor
1.  Settlor of first trust is settlor of 2nd trust.
For purposes of the law of this State other than this Act and subject to subsection 2, a settlor of a first trust is deemed to be the settlor of the 2nd trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power.
[PL 2021, c. 235, §1 (NEW).]
2.  Consideration of intent.
In determining settlor intent with respect to a 2nd trust, the intent of a settlor of the first trust, a settlor of the 2nd trust and the authorized fiduciary may be considered.
[PL 2021, c. 235, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 235, §1 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 1: MAINE UNIFORM TRUST CODE › Chapter 12: MAINE UNIFORM TRUST DECANTING ACT › 18-B §1225. Later-discovered property

§1225. Later-discovered property
1.  Distribution of all principal of first trust.
Except as otherwise provided in subsection 3, if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more 2nd trusts, later-discovered property belonging to the first trust and property paid to or acquired by the first trust after the exercise of the decanting power is part of the trust estate of the 2nd trust or trusts.
[PL 2021, c. 235, §1 (NEW).]
2.  Distribution of less than all principal of first trust.
Except as otherwise provided in subsection 3, if exercise of the decanting power was intended to distribute less than all the principal of the first trust to one or more 2nd trusts, later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the decanting power remains part of the trust estate of the first trust.
[PL 2021, c. 235, §1 (NEW).]
3.  Disposition by fiduciary.
An authorized fiduciary may provide in an exercise of the decanting power or by the terms of a 2nd trust for disposition of later-discovered property belonging to the first trust or property paid to or acquired by the first trust after the exercise of the decanting power.
[PL 2021, c. 235, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 235, §1 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 1: MAINE UNIFORM TRUST CODE › Chapter 12: MAINE UNIFORM TRUST DECANTING ACT › 18-B §1226. Obligations

§1226. Obligations
A debt, liability or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the 2nd trust after exercise of the decanting power.   [PL 2021, c. 235, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 235, §1 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 1: MAINE UNIFORM TRUST CODE › Chapter 12: MAINE UNIFORM TRUST DECANTING ACT › 18-B §1227. Uniformity of application and construction

§1227. Uniformity of application and construction
In applying and construing this Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.   [PL 2021, c. 235, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 235, §1 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 1: MAINE UNIFORM TRUST CODE › Chapter 12: MAINE UNIFORM TRUST DECANTING ACT › 18-B §1228. Relation to Electronic Signatures in Global and National Commerce Act

§1228. Relation to Electronic Signatures in Global and National Commerce Act
This Act modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001 et seq., but does not modify, limit or supersede 15 United States Code, Section 7001(c), or authorize electronic delivery of any of the notices described in 15 United States Code, Section 7003(b).   [PL 2021, c. 235, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 235, §1 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 1: MAINE UNIFORM TRUST CODE › Chapter 12: MAINE UNIFORM TRUST DECANTING ACT › 18-B §1229. Effective date

§1229. Effective date
This Act takes effect October 1, 2021.   [PL 2021, c. 235, §1 (NEW).]
Revisor's Note: Notwithstanding the stated effective date of October 1, 2021 set forth in this section, PL 2021, chapter 235, which enacted this chapter, took effect on October 18, 2021, 90 days after the adjournment of the First Special Session of the 130th Legislature.
SECTION HISTORY
PL 2021, c. 235, §1 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 2: MAINE UNIFORM DIRECTED TRUST ACT › Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT › 18-B §2101. Short title

§2101. Short title
This Part may be known and cited as "the Maine Uniform Directed Trust Act."   [PL 2019, c. 301, §8 (NEW).]
SECTION HISTORY
PL 2019, c. 301, §8 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 2: MAINE UNIFORM DIRECTED TRUST ACT › Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT › 18-B §2103. Application; principal place of administration

§2103. Application; principal place of administration
1.  Application.
This Act applies to a trust, whenever created, that has its principal place of administration in this State, subject to the following rules:
A. If the trust was created before January 1, 2020, this Act applies only to a decision or action occurring on or after January 1, 2020.   [PL 2019, c. 301, §8 (NEW).]
B. If the principal place of administration of the trust is changed to this State on or after January 1, 2020, this Act applies only to a decision or action occurring on or after the date of the change.   [PL 2019, c. 301, §8 (NEW).]
[PL 2019, c. 301, §8 (NEW).]
2.  Principal place of administration.
Without precluding other means to establish a sufficient connection with the designated jurisdiction in a directed trust, terms of the trust that designate the principal place of administration of the trust are valid and controlling if:
A. A trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction;   [PL 2019, c. 301, §8 (NEW).]
B. A trust director's principal place of business is located in or a trust director is a resident of the designated jurisdiction; or   [PL 2019, c. 301, §8 (NEW).]
C. All or part of the administration occurs in the designated jurisdiction.   [PL 2019, c. 301, §8 (NEW).]
[PL 2019, c. 301, §8 (NEW).]
SECTION HISTORY
PL 2019, c. 301, §8 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 2: MAINE UNIFORM DIRECTED TRUST ACT › Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT › 18-B §2104. Common law and principles of equity

§2104. Common law and principles of equity
The common law and principles of equity supplement this Act, except to the extent modified by this Act or law of this State other than this Act.   [PL 2019, c. 301, §8 (NEW).]
SECTION HISTORY
PL 2019, c. 301, §8 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 2: MAINE UNIFORM DIRECTED TRUST ACT › Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT › 18-B §2105. Exclusions

§2105. Exclusions
1.  Power of appointment.
In this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.
[PL 2019, c. 301, §8 (NEW).]
2.  Exclusions.
This Act does not apply to a:
A. Power of appointment;   [PL 2019, c. 301, §8 (NEW).]
B. Power to appoint or remove a trustee or trust director;   [PL 2019, c. 301, §8 (NEW).]
C. Power of a settlor over a trust to the extent the settlor has a power to revoke the trust;   [PL 2019, c. 301, §8 (NEW).]
D. Power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:
(1) The beneficiary; or
(2) Another beneficiary represented by the beneficiary under the Maine Uniform Trust Code, sections 301 to 305 with respect to the exercise or nonexercise of the power; or   [PL 2019, c. 301, §8 (NEW).]
E. Power over a trust if:
(1) The terms of the trust provide that the power is held in a nonfiduciary capacity; and
(2) The power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the United States Internal Revenue Code of 1986 and amendments to that Code as of December 31, 2017.   [PL 2019, c. 301, §8 (NEW).]
[PL 2019, c. 301, §8 (NEW).]
3.  Power of direction.
Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property that is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.
[PL 2019, c. 301, §8 (NEW).]
SECTION HISTORY
PL 2019, c. 301, §8 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 2: MAINE UNIFORM DIRECTED TRUST ACT › Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT › 18-B §2106. Powers of trust director

§2106. Powers of trust director
1.  Power of direction.
Subject to section 2107, the terms of a trust may grant a power of direction to a trust director.
[PL 2019, c. 301, §8 (NEW).]
2.  Powers of trust director.
Unless the terms of a trust provide otherwise:
A. A trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under subsection 1; and   [PL 2019, c. 301, §8 (NEW).]
B. Trust directors with joint powers shall act by majority decision.   [PL 2019, c. 301, §8 (NEW).]
[PL 2019, c. 301, §8 (NEW).]
SECTION HISTORY
PL 2019, c. 301, §8 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 2: MAINE UNIFORM DIRECTED TRUST ACT › Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT › 18-B §2107. Limitations on trust director

§2107. Limitations on trust director
A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under section 2106, subsection 2, paragraph A regarding:   [PL 2019, c. 301, §8 (NEW).]
1.  Medicaid payback provision.
A payback provision in the terms of a trust necessary to comply with the reimbursement requirements of Medicaid law in Section 1917 of the federal Social Security Act, 42 United States Code, Section 1396p(d)(4)(A); and
[PL 2019, c. 301, §8 (NEW).]
2.  Charitable interest.
A charitable interest in the trust, including notice regarding the interest to the Attorney General.
[PL 2019, c. 301, §8 (NEW).]
SECTION HISTORY
PL 2019, c. 301, §8 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 2: MAINE UNIFORM DIRECTED TRUST ACT › Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT › 18-B §2108. Duty and liability of trust director

§2108. Duty and liability of trust director
1.  Duties and liabilities.
Subject to subsection 2, with respect to a power of direction or further power under section 2106, subsection 2, paragraph A:
A. A trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:
(1) If the power is held individually, as a sole trustee in a like position and under similar circumstances; or
(2) If the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances; and   [PL 2019, c. 301, §8 (NEW).]
B. The terms of the trust may vary a trust director's duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances.   [PL 2019, c. 301, §8 (NEW).]
[PL 2019, c. 301, §8 (NEW).]
2.  Health care provider.
Unless the terms of a trust provide otherwise, if a trust director is licensed, certified or otherwise authorized or permitted by law other than this Act to provide health care in the ordinary course of the director's business or practice of a profession, to the extent the director acts in that capacity, the director has no duty or liability under this Act.
[PL 2019, c. 301, §8 (NEW).]
3.  Additional duties and liabilities.
The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities under this section.
[PL 2019, c. 301, §8 (NEW).]
SECTION HISTORY
PL 2019, c. 301, §8 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 2: MAINE UNIFORM DIRECTED TRUST ACT › Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT › 18-B §2109. Duty and liability of directed trustee

§2109. Duty and liability of directed trustee
1.  Reasonable action to comply.
Subject to subsection 2, a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under section 2106, subsection 2, paragraph A, and the trustee is not liable for the action.
[PL 2019, c. 301, §8 (NEW).]
2.  No compliance if willful misconduct.
A directed trustee may not comply with a trust director's exercise or nonexercise of a power of direction or further power under section 2106, subsection 2, paragraph A to the extent that by complying the trustee would engage in willful misconduct.
[PL 2019, c. 301, §8 (NEW).]
3.  Release from liability not effective.
An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:
A. The breach involved the trustee's or other director's willful misconduct;   [PL 2019, c. 301, §8 (NEW).]
B. The release was induced by improper conduct of the trustee or other director in procuring the release; or   [PL 2019, c. 301, §8 (NEW).]
C. At the time of the release, the director did not know the material facts relating to the breach.   [PL 2019, c. 301, §8 (NEW).]
[PL 2019, c. 301, §8 (NEW).]
4.  Petition court for instructions.
A directed trustee that has reasonable doubt about its duty under this section may petition the Probate Court or the Superior Court for instructions.
[PL 2019, c. 301, §8 (NEW).]
5.  Additional duty or liability.
The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.
[PL 2019, c. 301, §8 (NEW).]
SECTION HISTORY
PL 2019, c. 301, §8 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 2: MAINE UNIFORM DIRECTED TRUST ACT › Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT › 18-B §2110. Duty to provide information to trust director or trustee

§2110. Duty to provide information to trust director or trustee
1.  Trustee's duty to provide information.
Subject to section 2111, a trustee shall provide information to a trust director to the extent the information is reasonably related to both:
A. The powers or duties of the trustee; and   [PL 2019, c. 301, §8 (NEW).]
B. The powers or duties of the director.   [PL 2019, c. 301, §8 (NEW).]
[PL 2019, c. 301, §8 (NEW).]
2.  Trust director's duty to provide information.
Subject to section 2111, a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related to both:
A. The powers or duties of the director; and   [PL 2019, c. 301, §8 (NEW).]
B. The powers or duties of the trustee or other director.   [PL 2019, c. 301, §8 (NEW).]
[PL 2019, c. 301, §8 (NEW).]
3.  Trustee acts in reliance.
A trustee that acts in reliance on information provided by a trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trustee engages in willful misconduct.
[PL 2019, c. 301, §8 (NEW).]
4.  Trust director acts in reliance.
A trust director that acts in reliance on information provided by a trustee or another trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trust director engages in willful misconduct.
[PL 2019, c. 301, §8 (NEW).]
SECTION HISTORY
PL 2019, c. 301, §8 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 2: MAINE UNIFORM DIRECTED TRUST ACT › Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT › 18-B §2111. No duty to monitor, inform or advise

§2111. No duty to monitor, inform or advise
1.  Trustee.
Unless the terms of a trust provide otherwise:
A. A trustee does not have a duty to:
(1) Monitor a trust director; or
(2) Inform or give advice to a settlor, beneficiary, trustee or trust director concerning an instance in which the trustee might have acted differently than the director; and   [PL 2019, c. 301, §8 (NEW).]
B. By taking an action described in paragraph A, a trustee does not assume the duty excluded by paragraph A.   [PL 2019, c. 301, §8 (NEW).]
[PL 2019, c. 301, §8 (NEW).]
2.  Trust director.
Unless the terms of a trust provide otherwise:
A. A trust director does not have a duty to:
(1) Monitor a trustee or another trust director; or
(2) Inform or give advice to a settlor, beneficiary, trustee or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director; and   [PL 2019, c. 301, §8 (NEW).]
B. By taking an action described in paragraph A, a trust director does not assume the duty excluded by paragraph A.   [PL 2019, c. 301, §8 (NEW).]
[PL 2019, c. 301, §8 (NEW).]
SECTION HISTORY
PL 2019, c. 301, §8 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 2: MAINE UNIFORM DIRECTED TRUST ACT › Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT › 18-B §2112. Application to cotrustee

§2112. Application to cotrustee
The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from duty and liability with respect to a trust director's power of direction under sections 2109 to 2111.   [PL 2019, c. 301, §8 (NEW).]
SECTION HISTORY
PL 2019, c. 301, §8 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 2: MAINE UNIFORM DIRECTED TRUST ACT › Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT › 18-B §2113. Limitation of action against trust director

§2113. Limitation of action against trust director
1.  Action for breach of trust.
An action against a trust director for breach of trust must be commenced within the same limitation period as in the Maine Uniform Trust Code, section 1005 for an action for breach of trust against a trustee in a like position and under similar circumstances.
[PL 2019, c. 301, §8 (NEW).]
2.  Report or accounting.
A report or accounting has the same effect on the limitation period for an action against a trust director for breach of trust that the report or accounting would have under the Maine Uniform Trust Code, section 1005 in an action for breach of trust against a trustee in a like position and under similar circumstances.
[PL 2019, c. 301, §8 (NEW).]
SECTION HISTORY
PL 2019, c. 301, §8 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 2: MAINE UNIFORM DIRECTED TRUST ACT › Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT › 18-B §2114. Defenses in action against trust director

§2114. Defenses in action against trust director
In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.   [PL 2019, c. 301, §8 (NEW).]
SECTION HISTORY
PL 2019, c. 301, §8 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 2: MAINE UNIFORM DIRECTED TRUST ACT › Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT › 18-B §2115. Jurisdiction over trust director

§2115. Jurisdiction over trust director
1.  Personal jurisdiction.
By accepting appointment as a trust director of a trust subject to this Act, the director submits to personal jurisdiction of the courts of this State regarding any matter related to a power or duty of the director.
[PL 2019, c. 301, §8 (NEW).]
2.  Other methods not excluded.
This section does not preclude other methods of obtaining jurisdiction over a trust director.
[PL 2019, c. 301, §8 (NEW).]
SECTION HISTORY
PL 2019, c. 301, §8 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 2: MAINE UNIFORM DIRECTED TRUST ACT › Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT › 18-B §2116. Office of trust director

§2116. Office of trust director
Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters:   [PL 2019, c. 301, §8 (NEW).]
1.  Acceptance.
Acceptance under the Maine Uniform Trust Code, section 701;
[PL 2019, c. 301, §8 (NEW).]
2.  Bond to secure performance.
Giving of bond to secure performance under the Maine Uniform Trust Code, section 702;
[PL 2019, c. 301, §8 (NEW).]
3.  Reasonable compensation.
Reasonable compensation under the Maine Uniform Trust Code, section 708;
[PL 2019, c. 301, §8 (NEW).]
4.  Resignation.
Resignation under the Maine Uniform Trust Code, section 705;
[PL 2019, c. 301, §8 (NEW).]
5.  Removal.
Removal under the Maine Uniform Trust Code, section 706; and
[PL 2019, c. 301, §8 (NEW).]
6.  Successor.
Vacancy and appointment of successor under the Maine Uniform Trust Code, section 704.
[PL 2019, c. 301, §8 (NEW).]
SECTION HISTORY
PL 2019, c. 301, §8 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 2: MAINE UNIFORM DIRECTED TRUST ACT › Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT › 18-B §2117. Uniformity of application and construction

§2117. Uniformity of application and construction
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.   [PL 2019, c. 301, §8 (NEW).]
SECTION HISTORY
PL 2019, c. 301, §8 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 2: MAINE UNIFORM DIRECTED TRUST ACT › Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT › 18-B §2118. Relation to Electronic Signatures in Global and National Commerce Act

§2118. Relation to Electronic Signatures in Global and National Commerce Act
This Act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001 et seq., but does not modify, limit or supersede Section 101(c) of that Act, 15 United States Code, Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 United States Code, Section 7003(b).   [PL 2019, c. 301, §8 (NEW).]
SECTION HISTORY
PL 2019, c. 301, §8 (NEW).
2023 Maine Revised Statutes › TITLE 18-B: TRUSTS › Part 2: MAINE UNIFORM DIRECTED TRUST ACT › Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT › 18-B §2119. Effective date

§2119. Effective date
This Act takes effect January 1, 2020.   [PL 2019, c. 301, §8 (NEW).]
SECTION HISTORY
PL 2019, c. 301, §8 (NEW).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 1: GENERAL PROVISIONS, DEFINITIONS AND JURISDICTION › Part 1: SHORT TITLE, CONSTRUCTION AND GENERAL PROVISIONS › 18-C §1-101. Short title

§1-101. Short title
This Title may be known and cited as "the Maine Uniform Probate Code."   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 1: GENERAL PROVISIONS, DEFINITIONS AND JURISDICTION › Part 1: SHORT TITLE, CONSTRUCTION AND GENERAL PROVISIONS › 18-C §1-102. Purposes; rule of construction

§1-102. Purposes; rule of construction
1.  Liberal construction.
This Code must be liberally construed and applied to promote its underlying purposes and policies.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Purposes and policies.
The underlying purposes and policies of this Code are to:
A. Simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors and incapacitated persons;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. Discover and make effective the intent of a decedent in the distribution of the decedent's property;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C. Promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to the decedent's successors;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
D. Facilitate use and enforcement of certain trusts; and   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
E. Make uniform the law among the various jurisdictions.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 1: GENERAL PROVISIONS, DEFINITIONS AND JURISDICTION › Part 1: SHORT TITLE, CONSTRUCTION AND GENERAL PROVISIONS › 18-C §1-103. Supplementary general principles of law applicable

§1-103. Supplementary general principles of law applicable
Unless displaced by the provisions of this Code, the principles of law and equity supplement its provisions.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 1: GENERAL PROVISIONS, DEFINITIONS AND JURISDICTION › Part 1: SHORT TITLE, CONSTRUCTION AND GENERAL PROVISIONS › 18-C §1-104. Construction against implied repeal

§1-104. Construction against implied repeal
This Code is a general act intended to provide unified coverage of its subject matter and no part of it may be considered impliedly repealed by subsequent legislation if it can reasonably be avoided.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 1: GENERAL PROVISIONS, DEFINITIONS AND JURISDICTION › Part 1: SHORT TITLE, CONSTRUCTION AND GENERAL PROVISIONS › 18-C §1-105. Effect of fraud and evasion

§1-105. Effect of fraud and evasion
Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this Code or if fraud is used to avoid or circumvent the provisions or purposes of this Code, any person injured by the fraud may obtain appropriate relief against the perpetrator of the fraud or restitution from any person, other than a bona fide purchaser, benefiting from the fraud, whether innocent or not. A proceeding must be commenced within 2 years after the discovery of the fraud, but a proceeding may not be brought against a person who is not a perpetrator of the fraud later than 6 years after the time of commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during the decedent's lifetime that affects the succession of the decedent's estate.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 1: GENERAL PROVISIONS, DEFINITIONS AND JURISDICTION › Part 1: SHORT TITLE, CONSTRUCTION AND GENERAL PROVISIONS › 18-C §1-107. Acts by holder of general power

§1-107. Acts by holder of general power
For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond or to perform other duties, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all co-holders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent their interests, as objects, takers in default or otherwise, are subject to the power.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 1: GENERAL PROVISIONS, DEFINITIONS AND JURISDICTION › Part 1: SHORT TITLE, CONSTRUCTION AND GENERAL PROVISIONS › 18-C §1-109. Transfer for value

§1-109. Transfer for value
Any recorded instrument described in this Code on which the register of deeds notes by an appropriate stamp "Maine Real Estate Transfer Tax Paid" is prima facie evidence that the transfer was made for value.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 1: GENERAL PROVISIONS, DEFINITIONS AND JURISDICTION › Part 1: SHORT TITLE, CONSTRUCTION AND GENERAL PROVISIONS › 18-C §1-111. Guardian ad litem

§1-111. Guardian ad litem
1.  Appointment order.
In any proceeding under this Code for which the court may appoint a guardian ad litem for a child involved in the proceeding, at the time of the appointment, the court shall specify the guardian ad litem's length of appointment, duties and fee arrangements.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Qualifications.
A guardian ad litem appointed on or after October 1, 2005 must meet the qualifications established by the Supreme Judicial Court.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Release of information and access to child.
If, in order to perform the guardian ad litem's duties, the guardian ad litem needs information concerning the child or parents, the court may order the parents to sign an authorization form allowing the release of the necessary information. The guardian ad litem must be allowed access to the child by caretakers of the child, whether the caretakers are individuals, authorized agencies or child care providers.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
4.  Best interest of the child.
The guardian ad litem shall use the standard of the best interest of the child as set forth in Title 19‑A, section 1653, subsection 3. The guardian ad litem shall make the wishes of the child known to the court if the child has expressed them, regardless of the recommendation of the guardian ad litem.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
5.  Written report; admissibility.
If required by the court, the guardian ad litem shall make a final written report to the parties and the court reasonably in advance of a hearing. The report is admissible as evidence and subject to cross-examination and rebuttal, whether or not objected to by a party.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
6.  Quasi-judicial immunity.
A person appointed by the court as a guardian ad litem acts as the court's agent and is entitled to quasi-judicial immunity for acts performed within the scope of the duties of the guardian ad litem.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
7.  Notice of other proceedings.
A guardian ad litem must be given notice of all civil or criminal hearings and proceedings, including, but not limited to, grand juries, in which the child is a party or a witness. The guardian ad litem shall protect the best interest of the child in those hearings and proceedings, unless otherwise ordered by the court.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 1: GENERAL PROVISIONS, DEFINITIONS AND JURISDICTION › Part 3: SCOPE, JURISDICTION AND COURTS › 18-C §1-301. Territorial application

§1-301. Territorial application
Except as otherwise provided in this Code, this Code applies to the following:   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
1.  Domiciled in the State.
The affairs and estates of decedents, missing persons and persons to be protected who are domiciled in this State;
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Nonresidents.
The property of nonresidents located in this State or property coming into the control of a fiduciary who is subject to the laws of this State;
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Persons without capacity.
Incapacitated persons and minors in this State;
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
4.  Survivorship.
Survivorship and related accounts in this State; and
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
5.  Trusts.
Trusts subject to administration in this State.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 1: GENERAL PROVISIONS, DEFINITIONS AND JURISDICTION › Part 3: SCOPE, JURISDICTION AND COURTS › 18-C §1-302. Subject matter jurisdiction

§1-302. Subject matter jurisdiction
1.  Subject matter jurisdiction.
To the full extent permitted by the laws of the State, the court has jurisdiction over all subject matter relating to:
A. The estates of decedents, including the construction of wills and determination of heirs and successors of decedents, and estates of protected persons;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. The protection of minors and incapacitated persons; and   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C. Trusts.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Court authority.
The court has full power to make orders, judgments and decrees and take all other action necessary and proper to administer justice in the matters that come before it.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Protective and guardianship proceedings.
The court has jurisdiction over protective proceedings and guardianship proceedings.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
4.  Consolidation.
If both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 1: GENERAL PROVISIONS, DEFINITIONS AND JURISDICTION › Part 3: SCOPE, JURISDICTION AND COURTS › 18-C §1-303. Venue; multiple proceedings; transfer

§1-303. Venue; multiple proceedings; transfer
1.  Court where proceeding first commenced.
If a proceeding under this Code could be maintained in more than one court in this State, the court in which the proceeding is first commenced has the exclusive right to proceed.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Multiple proceedings.
If proceedings concerning the same estate, protected person, ward or trust are commenced in more than one court of this State, the court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided. If the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Transfer in the interest of justice.
If a court finds that in the interest of justice a proceeding or a file should be located in another court of this State, the court making the finding may transfer the proceeding or file to the other court.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).