Public-domain · open source
OpenJurist

Md. Code Ann., Est. & Trusts § 14-606

Known as the Maryland Trust Decanting Act

The act spans §§ 14–14 (26 sections).

On application of an authorized fiduciary or a person entitled to receive notice under § 14–605 of this subtitle, a court may:

(1) Determine whether a proposed or attempted exercise of the decanting power is allowed under this subtitle and consistent with the fiduciary duties of the authorized fiduciary;

(2) Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised and to exercise the decanting power;

(3) Approve the exercise of the decanting power;

(4) Determine that the proposed or attempted exercise of the decanting power is ineffective:

(i) Due to a failure to comply with the provisions of this subtitle;

(ii) As an abuse of the authorized fiduciary’s discretion; or

(iii) As a breach of the authorized fiduciary’s fiduciary duties;

(5) Determine the extent to which § 14–619 of this subtitle applies to a prior exercise of the decanting power;

(6) Determine the application of § 14–619 of this subtitle to a prior exercise of the decanting power; or

(7) Order other relief to carry out the purposes of this title.

Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.