Massachusetts Statutes

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.

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…

Section 3. (a) In allocating receipts and disbursements to or between principal and income, and with respect to any matter within the scope of this chapter, a fiduciary: (1) shall administer a trust or estate in accordance with the terms of the trust or the will, even if there is…

Section 4. (a) A trustee may adjust between principal and income if the trustee considers it necessary if the trustee invests and manages trust assets as a prudent investor, the terms of the trust describe the amount that may or must be distributed to a beneficiary by referring t…

Section 5. (a) A court shall not change a trustee's decision to exercise or not to exercise a discretionary power conferred by this chapter unless it determines that the decision was an abuse of the trustee's discretion. A court shall not determine that a trustee abused his or he…

Section 6. After a decedent dies, in the case of an estate, or after an income interest in a trust ends, the following rules shall apply: (1) A fiduciary of an estate or of a terminating income interest shall determine the amount of net income and net principal receipts received …

Section 7. (a) Each beneficiary described in paragraph (4) of section 6 is entitled to receive a portion of the net income equal to the beneficiary's fractional interest in undistributed principal assets, using values as of the distribution date. If a fiduciary makes more than on…

Section 8. (a) An income beneficiary is entitled to net income from the date on which the income interest begins. An income interest begins on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to a trust or successive i…

Section 8A. (a) A trustee shall allocate an income receipt or disbursement other than one to which paragraph (1) of section 6 applies to principal if its due date occurs on or before the date on which a decedent dies in the case of an estate or before an income interest begins in…

Section 9. (a) When a mandatory income interest ends, the trustee shall pay to a mandatory income beneficiary who survives that date, or the estate of a deceased mandatory income beneficiary whose death causes the interest to end, the beneficiary's share of the undistributed inco…

Section 1001. Remedies for breach of trust (a) A violation by a trustee of a duty the trustee owes to a beneficiary shall be a breach of trust. (b) To remedy a breach of trust that has occurred or may occur, the court may: (1) compel the trustee to perform the trustee's duties; (…

Section 1005. Limitation of action against trustee (a) Unless previously barred by adjudication, consent or limitation, any claim against a trustee for breach of trust shall be barred as to any beneficiary who has received a final account or other statement fully disclosing the m…

Section 1006. Reliance on trust instrument A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument shall not be liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.

Section 1007. Event affecting administration or distribution If the happening of an event or change of status, including, but not limited to: birth, adoption, marriage, divorce, performance of educational requirements or death affects the administration or distribution of a trust…

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.