§ 14–602
Statutes in effect as of October 1, 2026.
Md. Code Ann., Est. & Trusts § 14-602 (2026)
Title 14. Trusts
Subtitle 6. Maryland Trust Decanting Act
§ 14–602LinkCopy Citation
(a)
Except as otherwise provided in this section, this subtitle applies to any express trust that:
(1)
Is irrevocable or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest; and
(2)
(i)
Has its principal place of administration in this State, including a trust whose principal place of administration has been changed to this State; or
(ii)
Is governed by the law of this State for the purpose of:
(1)
Administration, including administration of a trust whose governing law for purposes of administration has been changed to the law of this State;
(2)
Construction of the terms of the trust; or
(3)
Determining the meaning or effect of the terms of the trust.
(b)
This subtitle does not apply to a trust held solely for charitable purposes.
(c)
Except as otherwise provided in this subtitle, a trust instrument may restrict or prohibit the exercise of the decanting power.
(d)
This subtitle does not limit the power of a trustee, a powerholder, or any other person to:
(1)
Distribute or appoint property in further trust; or
(2)
Modify a trust under the trust instrument, law of this State other than this title, common law, a court order, or a nonjudicial settlement agreement.
(e)
This subtitle does not limit the ability of a settlor to provide in a trust instrument for the distribution or appointment in further trust of trust property or the modification of the trust instrument.