Title 14.5. Maryland Trust Act — Subtitle 2. Judicial Proceedings
Statutes in effect as of October 1, 2026.
Md. Code Ann., Est. & Trusts § 14.5-201 (2026)
Title 14.5. Maryland Trust Act
Subtitle 2. Judicial Proceedings
§ 14.5-201LinkCopy Citation
(a)
On the invocation of the court’s jurisdiction by an interested person, on the court’s own motion, or as otherwise provided by law, the court may intervene actively in the administration of a trust, fashioning and implementing remedies as the public interest and the interests of the beneficiaries may require.
(b)
A trust is not subject to continuing judicial supervision unless ordered by the court.
(c)
A judicial proceeding involving a trust may relate to a matter involving the administration of the trust, including a request for instructions and an action to declare rights.
(d)
(1)
A court having equity jurisdiction has general superintending power with respect to trusts.
(2)
The provisions of Titles 1 through 13 of this article do not affect or supersede the power described in paragraph (1) of this subsection.
Md. Code Ann., Est. & Trusts § 14.5-202 (2026)
Title 14.5. Maryland Trust Act
Subtitle 2. Judicial Proceedings
§ 14.5-202LinkCopy Citation
(a)
By accepting the trusteeship of a trust having the principal place of administration for the trust in the State or by moving the principal place of administration to the State, the trustee submits personally to the jurisdiction of the courts of the State regarding a matter involving the trust.
(b)
(1)
With respect to the interests of a beneficiary of a trust having the principal place of administration of the trust in the State, the beneficiary is subject to the jurisdiction of the courts of the State regarding a matter involving the trust.
(2)
By accepting a distribution from a trust described in paragraph (1) of this subsection, the recipient submits personally to the jurisdiction of the courts of the State regarding a matter involving the trust.
(c)
This section does not preclude other methods of obtaining jurisdiction over a trustee, a beneficiary, or any other person receiving property from the trust.
Md. Code Ann., Est. & Trusts § 14.5-203 (2026)
Title 14.5. Maryland Trust Act
Subtitle 2. Judicial Proceedings
§ 14.5-203LinkCopy Citation
(a)
(1)
A discretionary power conferred on the trustee to determine the benefits of a beneficiary is subject to judicial control to prevent misinterpretation or abuse of the discretion of the trustee.
(2)
The benefits to which a beneficiary of a discretionary distribution provision is entitled, and what may constitute an abuse of discretion by the trustee, depend on the terms of the discretion, including the proper construction of accompanying standards, and on the settlor’s purposes in granting the discretionary power and in creating the trust.
(3)
Notwithstanding the breadth of discretion granted to a trustee by the terms of a trust, including the use of the terms “absolute”, “sole”, or “uncontrolled”, a trustee abuses the discretion of the trustee in exercising or failing to exercise a discretionary power if the trustee:
(i)
Acts dishonestly;
(ii)
Acts with an improper motive, even though not a dishonest motive;
(iii)
Fails to exercise the judgment of the trustee in accordance with the terms and purposes of the trust; or
(iv)
Acts beyond the bounds of reasonable judgment.
(b)
A court may review an action by a trustee under a support provision or a mandatory distribution provision in the trust.