Massachusetts HD 2618: An Act relative to the Massachusetts Uniform Trust Decanting Act

Bill Text

1 of 1
HOUSE DOCKET, NO. 2618 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1648

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Jay D. Livingstone
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the Massachusetts Uniform Trust Decanting Act.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
Jay D. Livingstone 8th Suffolk 1/19/2023

1 of 30
HOUSE DOCKET, NO. 2618 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1648
By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1648) of
Jay D. Livingstone relative to the distribution of property and the modification of the terms of
trusts. The Judiciary.

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________

An Act relative to the Massachusetts Uniform Trust Decanting Act.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. Article 1 of Chapter 203E of the General Laws is hereby amended by
2 striking out Section 103, as so appearing, and inserting in place thereof the following section:-
3 Section 103. Definitions.
4 In this chapter the following words shall, unless the context clearly requires otherwise,
5 have the following meanings:-
6 “Action”, with respect to an act of a trustee, includes a failure to act.
7 “Ascertainable standard”, a standard relating to an individual’s health, education, support
8 or maintenance.
9 “Beneficiary”, a person who has a present or future beneficial interest in a trust, vested or
10 contingent.

2 of 30
11 “Charitable trust”, a trust, or portion of a trust, created for a charitable purpose described
12 in subsection (a) of section 405.
13 “Environmental law”, a federal, state or local law, rule, regulation or ordinance relating
14 to protection of the environment.
15 “Interests of the beneficiaries”, the beneficial interests provided in the terms of the trust.
16 “Jurisdiction”, a geographic area, including a state or country.
17 “Person”, an individual, corporation, business trust, estate, trust, partnership, limited
18 liability company, association, joint venture, government, governmental subdivision, agency or
19 instrumentality, public corporation or any other legal or commercial entity.
20 “Property”, anything that may be the subject of ownership, whether real, personal, legal,
21 equitable or any interest therein.
22 “Qualified beneficiary”, a beneficiary who, on the date the beneficiary’s qualification is
23 determined:
24 (i) is a distributee or permissible distributee of trust income or principal;
25 (ii) would be a distributee or permissible distributee of trust income or principal if the
26 interests of the distributees described in clause (i) terminated on that date without causing the
27 trust to terminate; or
28 (iii) would be a distributee or permissible distributee of trust income or principal if the
29 trust terminated on that date.

3 of 30
30 “Revocable”, a trust that is revocable by the settlor without the consent of the trustee or a
31 person holding an adverse interest.
32 “Settlor”, a person, including a testator, who creates or contributes property to a trust. If
33 more than one person creates or contributes property to a trust, each person is a settlor of the
34 portion of the trust property attributable to that person’s contribution except to the extent another
35 person has the power to revoke or withdraw that portion.
36 “Spendthrift provision”, a term of a trust which restrains transfer of a beneficiary’s
37 interest.
38 “State”, a state of the United States, the District of Columbia, Puerto Rico, the United
39 States Virgin Islands or any territory or insular possession subject to the jurisdiction of the
40 United States, including an Indian tribe or band recognized by federal law or formally
41 acknowledged by a state.
42 “Terms of a trust”:
43 (i) except as otherwise provided in clause (ii), the manifestation of the settlor’s intent
44 regarding a trust’s provisions as expressed in the trust instrument or established by other
45 evidence that would be admissible in a judicial proceeding; or
46 (ii) the trust’s provisions as established, determined, or amended by a trustee or other
47 person in accordance with applicable law, a court order, or a non-judicial settlement agreement
48 under section 111.
49 “Trust instrument”, an instrument that contains terms of the trust, including any
50 amendments thereto.

4 of 30
51 “Trustee”, an original, additional or successor trustee or a co-trustee.
52 SECTION 2. Said Article 1 of Chapter 203E of the General Laws is hereby further
53 amended by striking out section 110, as so appearing, and