# Estates and Trusts (GET)

## Title 14. Trusts

### Subtitle 6. Maryland Trust Decanting Act

#### Section 14-602

(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.

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Md. Code Ann., Est. & Trusts (as displayed at mgaleg.maryland.gov, October 16, 2026)