Chapter 203E

Section 1008. Exculpation of trustee (a) A term of a trust relieving a trustee of liability for breach of trust shall be unenforceable to the extent that it: (1) relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purp…

Section 1009. Beneficiary's consent, release or ratification A trustee shall not be liable to a beneficiary for breach of trust if the beneficiary, while having capacity, in writing, consented to the conduct constituting the breach, released the trustee from liability for the bre…

Section 101. Short title This chapter shall be known and may be cited as the Massachusetts Uniform Trust Code.

Section 1010. Limitation on personal liability of trustee (a) Except as otherwise provided in the contract, a trustee shall not be personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee, in…

Section 1011. Interest as general partner (a) Except as otherwise provided in subsection (c) or unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner, in a general or limited partnership, shall not be personally liable on a con…

Section 1012. Protection of person dealing with trustee (a) A person other than a beneficiary who in good faith assists a trustee or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers…

Section 1013. Certification of trust (a) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information: (1) that the trust exists and the date the trus…

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.

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 indiv…

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, h…

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 a…

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.

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 princ…

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 documen…

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 organizatio…

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 i…

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 prop…

Section 113. Qualification of foreign trustee

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 o…

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 jurisd…

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) al…

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 sh…

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 perso…

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 un…

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 …

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 …

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 h…

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 other…

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 ho…

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 car…

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 s…

Section 404. Trust purposes A trust may be created only to the extent its purposes are lawful and not contrary to public policy.

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…

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.

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.

Section 408. Trust for care of an animal (a) A trust for the care of animals alive during the settlor's lifetime shall be valid. Unless the trust instrument provides for an earlier termination, the trust shall terminate upon the death of the animal or, if the trust was created to…

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 ascert…

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 rema…

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 modifi…

Section 412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively (a) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the sett…

Section 414. Modification or termination of uneconomic trust (a) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value of less than $200,000 may terminate the trust if the trustee concludes that the value of the trus…

Section 415. Reformation to correct mistakes The court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor's intention if it is proved by clear and convincing evidence that the settlor's intent or the terms of the trust were affected by a mis…

Section 417. Combination and division of trusts After notice to the qualified beneficiaries, a trustee may combine 2 or more trusts into a single trust or divide a trust into 2 or more separate trusts, if the result does not impair the rights of any beneficiary or adversely affec…

Section 501. Rights of beneficiary's creditor or assignee To the extent a beneficiary's interest is not subject to a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest by attachment of present or future dis…

Section 502. Spendthrift provision (a) A spendthrift provision shall be valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest. (b) A term of a trust providing that the interest of a beneficiary is held subject to a ''spendthrift trust'', o…

Section 505. Creditor's claim against settlor (a) Whether or not a trust contains a spendthrift provision, the following rules shall apply: (1) During the lifetime of the settlor, the property of a revocable trust shall be subject to claims of the settlor's creditors. (2) With re…