Le Maryland Trust Act, section par section

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Vérifié par rapport aux Maryland Statutes le 2026-10-27. Information générale, pas un avis juridique ; le texte officiel fait foi.

Subtitle 1: General provisions and definitions

Est. & Trusts § 14.5-101 ↗ Short title: Title 14.5 of the Estates and Trusts Article may be cited as the Maryland Trust Act.
Est. & Trusts § 14.5-102 ↗ Scope: The Maryland Trust Act applies to express charitable and noncharitable trusts and to trusts created under a statute (including the Maryland Discretionary Trust Act, unless that statute provides otherwise), a judgment or a decree that requires the trust to be administered as an express trust.
Est. & Trusts § 14.5-103 ↗ Definitions: Defines the Act's terms, among them: "ascertainable standard" (health, education, support or maintenance within the Internal Revenue Code's meaning); "beneficiary" (a person with a present or future beneficial interest, vested or contingent, or one holding a power of appointment other than as trustee); "delivery address" (a last known residence or place of business, or a fax number or e-mail address given for notice); "discretionary distribution provision", "mandatory distribution provision" and "support provision"; "incapacity" (the inability to manage one's property or financial affairs effectively for a listed reason); "qualified beneficiary" (a beneficiary who, on the date of determination, is a distributee or permissible distributee of trust income or principal, would be one if those distributees' interests ended without ending the trust, or would be one if the trust ended that day and no power of appointment were exercised — not an appointee under a living person's will or the object of an unexercised lifetime power); "revocable" (revocable by the settlor without the trustee's or an adverse party's consent); "settlor" (a person who creates or contributes property to a trust, each settlor as to the portion attributable to that person's contribution); "spendthrift provision"; "terms of a trust"; "trust instrument"; and "trustee" (an original, additional or successor trustee, or a cotrustee).
Est. & Trusts § 14.5-104 ↗ Knowledge: A person has knowledge of a fact if the person has actual knowledge of it, has received a notice or notification of it, or, from all the facts and circumstances known to the person at the time, knows or should know it.
Est. & Trusts § 14.5-105 ↗ Default and mandatory rules: The terms of a trust prevail over the Act except for fifteen rules, among them: the requirements for creating a trust; the trustee's duty to act reasonably and in accordance with the terms and purposes of the trust and the interests of the beneficiaries; the requirement that the trust be for the beneficiaries' benefit with a lawful, possible purpose; the bar on a trustee's serving as a representative of a beneficiary of the same trust; the court's powers to modify or terminate a trust, over a bond and to adjust compensation; creditors' rights; the duties to provide information, copies and notices under § 14.5-813(a) and (c); the duty to notify a qualified beneficiary of an irrevocable trust who has attained 25 years of age of the trust's existence, the trustee and the right to reports and a copy, and to respond to such a beneficiary's requests; the effect of an exculpatory term; the rights of third persons dealing with the trustee; the court's power to act in the interests of justice; and periods of limitation.
Est. & Trusts § 14.5-106 ↗ Common law of trusts: The common law of trusts and the principles of equity supplement the Act, except as the Act or another Maryland statute modifies them.
Est. & Trusts § 14.5-107 ↗ Governing law: The meaning and effect of a trust's terms are determined by the law of the jurisdiction the terms designate, unless that designation is contrary to a strong public policy of the jurisdiction with the most significant relationship to the matter; without a controlling designation, by the law of the jurisdiction with the most significant relationship to the matter.
Est. & Trusts § 14.5-108 ↗ Principal place of administration: Terms designating the principal place of administration are valid and controlling where a trustee resides or has its principal place of business in the designated jurisdiction, or part of the administration occurs there. The trustee has a continuing duty to administer the trust at a place appropriate to its purposes, its administration and the beneficiaries' interests, and may transfer the principal place of administration to another state or country; the trustee notifies the qualified beneficiaries not less than 60 days before initiating the transfer, with the new jurisdiction, the trustee's address and telephone number there, the reasons, the anticipated date and an objection date not less than 60 days after the notice. A qualified beneficiary's timely objection ends the trustee's authority to transfer.
Est. & Trusts § 14.5-109 ↗ Methods of notice; waiver: Notice or the sending of a document under the Act is made in a manner reasonably suitable under the circumstances and likely to result in receipt — first-class mail, personal delivery or delivery to the person's delivery address. For a proposed termination, modification, combination, division, resignation or transfer of the principal place of administration, and for the notices to qualified beneficiaries under § 14.5-813, the trustee gives notice by personal service; certified or first-class mail with return receipt requested; courier with delivery confirmation; or, if the person agrees in writing, by first-class mail, fax with a confirmation page, or e-mail with acknowledgment requested. The person may revoke an alternative method by notice in one of the first three ways, and a trustee who knows or should know an alternative-method notice was not received gives it again by one of them. Notice is not required to a person whose identity, location or delivery address is unknown and not reasonably ascertainable, or to oneself; it may be waived in writing; notice of a judicial proceeding follows the rules of civil procedure.
Est. & Trusts § 14.5-110 ↗ Others treated as qualified beneficiaries: Whenever the Act requires notice to the qualified beneficiaries, the trustee also gives it to any other beneficiary who has sent the trustee a request for notice. A charitable organization expressly designated to receive distributions under a charitable trust has a qualified beneficiary's rights if it stands in one of the three positions the definition describes; a person appointed to enforce an animal trust or a noncharitable-purpose trust has those rights; and the Attorney General has them for a charitable trust administered principally in Maryland.
Est. & Trusts § 14.5-111 ↗ Nonjudicial settlement agreements: On or after October 1, 2016, the interested persons — those whose consent a court-approved settlement would require — may enter into a binding nonjudicial settlement agreement on a matter involving a trust, valid only to the extent it does not violate a material purpose of the trust and includes terms a court could properly approve. Matters it may resolve include interpreting the terms, approving a trustee's report or accounting, directing a trustee not to act or granting a necessary or desirable power, a trustee's resignation, appointment and compensation, transferring the principal place of administration, and a trustee's liability. An interested person may ask the court whether the representation was adequate and whether the court could have approved the terms.
Est. & Trusts § 14.5-112 ↗ Rules of construction for lifetime trusts: Absent express language to the contrary, the estates article's rules of construction in §§ 1-202 through 1-209 and 1-210.1 apply to the terms of an inter vivos trust, a reference in them to a will, an estate or a taker under one read as a reference to the trust instrument, the trust or a taker under it.
Est. & Trusts § 14.5-113 ↗ No-contest provisions: A trust provision that purports to penalize an interested person for contesting the trust or instituting other proceedings relating to the estate is void if probable cause exists for instituting the proceedings.

Subtitle 2: Judicial proceedings

Est. & Trusts § 14.5-201 ↗ Role of the court: On an interested person's invocation of its jurisdiction, on its own motion or as otherwise provided by law, the court may intervene actively in a trust's administration, fashioning remedies as the public interest and the beneficiaries' interests require. A trust is not subject to continuing judicial supervision unless the court orders it. A judicial proceeding may relate to any matter of the administration, including a request for instructions and an action to declare rights; a court with equity jurisdiction keeps its general superintending power over trusts.
Est. & Trusts § 14.5-202 ↗ Jurisdiction over trustee and beneficiary: By accepting the trusteeship of a trust administered principally in Maryland, or by moving its principal place of administration to Maryland, a trustee submits personally to Maryland's courts on matters involving the trust; a beneficiary of such a trust is subject to them as to the beneficiary's interest, and a person who accepts a distribution from it submits to them. Other methods of obtaining jurisdiction remain.
Est. & Trusts § 14.5-203 ↗ Discretionary powers: A discretionary power conferred on a trustee to determine a beneficiary's benefits is subject to judicial control to prevent misinterpretation or abuse of the trustee's discretion. What a beneficiary of a discretionary distribution provision is entitled to, and what may be an abuse of discretion, depend on the terms of the discretion, including the proper construction of any standards, and on the settlor's purposes. However broad the discretion — even if called absolute, sole or uncontrolled — a trustee abuses it by acting dishonestly, acting with an improper motive even if not a dishonest one, failing to exercise judgment in accordance with the trust's terms and purposes, or acting beyond the bounds of reasonable judgment. A court may review a trustee's action under a support provision or a mandatory distribution provision.

Subtitle 3: Representation

Est. & Trusts § 14.5-301 ↗ Representation: basic effect: Except as the rules of civil procedure require in a judicial proceeding, notice to a person authorized to represent and bind another has the same effect as notice to the person represented, and that representative's consent binds the person represented, unless the person represented objects by notifying the trustee and the representative before the notice or consent would otherwise take effect. A person authorized to represent a settlor who lacks capacity may receive notice and give a binding consent for the settlor, except as § 14.5-602 provides. A representative may act whether or not a judicial proceeding is pending and may consider the general benefit to the living members of the represented individual's family.
Est. & Trusts § 14.5-302 ↗ Representation by holder of a power of appointment: The holder of a qualified power of appointment — a general power, or a power exercisable in favor of everyone other than the holder, the holder's estate and the creditors of either — may represent and bind those whose interests as permissible appointees or takers in default are subject to the power.
Est. & Trusts § 14.5-303 ↗ Representation by fiduciaries and parents: Where there is no conflict of interest on the question, a guardian of the property may represent and bind the minor or disabled person; a guardian of the person may, if no guardian of the property is appointed; an agent with specific authority over trust matters may bind the principal; a trustee of a beneficiary trust may bind its beneficiaries; a personal representative of a beneficiary's estate may bind the persons interested in the estate; a parent may bind a minor, incapacitated, unborn or unknown child, or one whose location is unknown, if no guardian is appointed; and, for an individual not otherwise represented, a grandparent or more remote ancestor may.
Est. & Trusts § 14.5-304 ↗ Representation by person with substantially identical interest: Unless otherwise represented, a minor, an incapacitated or unborn individual, or an individual whose identity or location is unknown and not reasonably ascertainable may be represented and bound by a person with a substantially identical interest in the question, but only to the extent there is no conflict of interest between them.
Est. & Trusts § 14.5-305 ↗ Court-appointed representative: If the court determines that an interest is not represented, or that the available representation might be inadequate, it may appoint a representative to receive notice, give consent and otherwise act for a minor, an incapacitated or unborn individual, or a person whose identity or location is unknown, absent a conflict of interest; one representative may be appointed for several persons or interests.
Est. & Trusts § 14.5-306 ↗ Designated representative: A settlor may designate persons to serve as a beneficiary's representative or successor representative, designate persons who may designate one, and set the priority among them. A person so designated may not serve as the representative of a beneficiary of a trust of which the person is a trustee, except as § 14.5-303 provides. A designated representative who undertook to represent the beneficiary is liable to the beneficiary only if bad faith — intentional wrongdoing or reckless indifference to the trust's purposes or the beneficiary's interests — is proven by clear and convincing evidence.

Subtitle 4: Creating, modifying and ending a trust

Est. & Trusts § 14.5-401 ↗ Methods of creating a trust: A trust may be created by transferring property to another person as trustee during the settlor's lifetime or by will or another disposition taking effect at the settlor's death; by the owner's declaration that the owner holds identifiable property as trustee; or by exercising a power of appointment in favor of a trustee.
Est. & Trusts § 14.5-402 ↗ Requirements for creation: A trust is created only if the settlor has capacity to create it, the settlor indicates an intention to create it, the trust has a definite beneficiary — or is a charitable trust, an animal trust under § 14.5-407 or a noncharitable-purpose trust under § 14.5-408 — and the trustee has duties to perform. A beneficiary is definite if ascertainable now or in the future, subject to any rule against perpetuities. A power to select a beneficiary from an indefinite class is valid; if it is not exercised within a reasonable time, it fails and the property passes to those who would have taken had it not been conferred.
Est. & Trusts § 14.5-403 ↗ Trusts created in other jurisdictions: A trust not created by will is validly created if its creation complies with the law of the jurisdiction where the trust instrument was executed, or of the jurisdiction where, when the trust was created, the settlor was domiciled or a national, a trustee was domiciled or had a place of business, or any trust property was located.
Est. & Trusts § 14.5-404 ↗ Trust purposes: A trust may be created only to the extent its purposes are lawful, not contrary to public policy and possible to achieve, and a trust and its terms must be for the benefit of its beneficiaries.
Est. & Trusts § 14.5-405 ↗ Creation induced by fraud, duress or undue influence: A trust is void to the extent its creation was induced by fraud, duress or undue influence.
Est. & Trusts § 14.5-406 ↗ Evidence of an oral trust: Except as another law requires, a trust need not be evidenced by a trust instrument, but the creation and the terms of an oral trust may be established only by clear and convincing evidence.
Est. & Trusts § 14.5-407 ↗ Trust for the care of an animal: A trust may be created to provide for the care of an animal alive during the settlor's lifetime; it ends on the death of the animal or, for more than one, of the last surviving one. It may be enforced by a person the terms appoint or, if none, by a person the court appoints, and a person interested in the animal's welfare may ask the court to appoint or remove an enforcer. Its property may be applied only to its intended use, except to the extent the court finds it exceeds what that use requires; the section directs where property not required passes.
Est. & Trusts § 14.5-408 ↗ Noncharitable trust without ascertainable beneficiary: Except as § 14.5-407 or another statute provides, a trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary, or for a noncharitable but otherwise valid purpose the trustee selects, and may not be enforced for more than 21 years unless the settlor elects otherwise. It may be enforced by a person the terms appoint or, if none, one the court appoints; its property may be applied only to its intended use, except as the court finds it excessive, and property not required passes to the settlor if living, otherwise to the settlor's successors in interest, unless the terms provide otherwise.
Est. & Trusts § 14.5-409 ↗ Termination; proceedings: Besides the methods of §§ 14.5-410 through 14.5-412, a trust terminates to the extent it is revoked or expires under its terms, or its purposes have become unlawful, contrary to public policy or impossible to achieve. A trustee or a beneficiary may commence a proceeding to approve or disapprove a proposed modification or termination under §§ 14.5-410 through 14.5-414, or a combination or division under § 14.5-415.
Est. & Trusts § 14.5-410 ↗ Modification or termination by consent: A noncharitable irrevocable trust may be terminated on the consent of the trustee and all beneficiaries if the court concludes that continuing it is not necessary to achieve any material purpose, or modified on their consent if the court concludes that the modification is not inconsistent with a material purpose. A spendthrift provision does not by itself prevent termination; on termination the trustee distributes as the beneficiaries agree. If not all beneficiaries consent, the court may approve the modification or termination if it could have been made with everyone's consent and a nonconsenting beneficiary's interests will be adequately protected.
Est. & Trusts § 14.5-411 ↗ Modification or termination for unanticipated circumstances: The court may modify a trust's administrative or dispositive terms, or terminate it, if because of circumstances the settlor did not anticipate the modification or termination will further the trust's purposes, acting as far as practicable in accordance with the settlor's probable intention. It may modify the administrative terms if continuing on them would be impracticable or wasteful or impair the administration. On such a termination, the trustee distributes the property consistently with the trust's purposes as the court orders.
Est. & Trusts § 14.5-412 ↗ Termination of a small trust: A trustee may terminate a trust without a court order if its fair market value on its last anniversary date was $100,000 or less. The trustee sends notice of the proposed termination to each cotrustee and qualified beneficiary at the last known address, personally delivered or by certified mail, return receipt requested, stating the trust's name, its creator, the date it was established, the trustee's name and address, any cotrustee, that the termination is effective at least 90 days after every recipient received the notice, the reasons, the approximate amount and manner of calculation of each distribution, and the right to object and its procedure. A recipient may object in writing, personally delivered or by certified mail, within 60 days after receiving the notice; a timely objection prevents the termination unless withdrawn in writing within 90 days after receipt. Without a timely objection the trust terminates and is distributed as all qualified beneficiaries unanimously agree or, failing agreement, by the section's present-value formula for present interests, the remainder to future interests.
Est. & Trusts § 14.5-413 ↗ Reformation to correct mistakes: The court may reform a trust's terms, even if unambiguous, to conform them to the settlor's intention if clear and convincing evidence proves that both the settlor's intent and the terms were affected by a mistake of fact or law, in expression or inducement.
Est. & Trusts § 14.5-414 ↗ Modification to achieve tax objectives: To achieve the settlor's tax objectives, the court may modify a trust's terms in a manner not contrary to the settlor's probable intention, and may give the modification retroactive effect.
Est. & Trusts § 14.5-415 ↗ Combination and division of trusts: On petition and for good cause, after the notice it directs, a court may divide a trust or consolidate trusts on the terms it considers appropriate, if satisfied the change will not defeat or materially impair the trust's purposes or the beneficiaries' interests. The instrument's own provisions for division or consolidation still apply without a court. Where the instrument provides none, a trustee may divide or consolidate without a court order if the resulting beneficial interests are in the aggregate substantially similar and the purposes and interests are not defeated or impaired — but not if a beneficiary objects in writing within 30 days after the trustee's notice under § 14.5-109.

Subtitle 5: Creditors' claims; spendthrift, support and discretionary trusts

Est. & Trusts § 14.5-501 ↗ Creditor's claim against a beneficiary's interest: A court may authorize a creditor or assignee of a beneficiary to reach the beneficiary's interest, by attaching present or future distributions or by other means, if the interest is not subject to a discretionary distribution provision, a support provision or a spendthrift provision, and may limit the award considering the support needs of the beneficiary and the beneficiary's spouse, former spouse and dependent children, the supplemental needs of a beneficiary on public benefits where the trust was not meant for basic support, and the claim's size against what a sale would produce.
Est. & Trusts § 14.5-502 ↗ Discretionary distribution provisions: A beneficiary of a discretionary distribution provision has no property right in the interest it governs; the interest may not be judicially foreclosed, attached by a creditor or transferred by the beneficiary. A creditor of a beneficiary of a discretionary provision created by someone else has no enforceable right to income or principal distributable only in the trustee's discretion, may not compel a distribution, and may not enforce a judgment against the property until it is distributed directly to the beneficiary. The section states how a power of withdrawal and the beneficiary's own contributions affect the rule, and allows the interest of a beneficiary who is blind or disabled under 42 U.S.C. § 1382c(a)(3) to be discretionary despite supplemental-needs language or a bar on providing food, clothing and shelter.
Est. & Trusts § 14.5-503 ↗ Support provisions: Except as §§ 14.5-505 and 14.5-506(b) provide, an interest subject to a support provision may not be judicially foreclosed, attached or transferred, and the property is not subject to enforcement of a judgment until distributed directly to the beneficiary. The beneficiary's use, occupancy and enjoyment of one parcel of residential real property the trustee designates, and of tangible personal property, may not be transferred and are not subject to enforcement of a judgment against the beneficiary.
Est. & Trusts § 14.5-504 ↗ Spendthrift provisions: A spendthrift provision is valid and enforceable; a provision holding a beneficiary's interest subject to a "spendthrift trust", or words of similar import, restrains both voluntary and involuntary transfer. An interest subject to it may not be judicially foreclosed or attached; the beneficiary may not transfer it in violation of the provision — an attempt is void — and, except as the subtitle provides, a creditor or assignee may not reach the interest or a distribution before the beneficiary receives it. The use, occupancy and enjoyment of one residential parcel the trustee designates and of tangible personal property may not be transferred or reached by a judgment.
Est. & Trusts § 14.5-505 ↗ Exceptions to spendthrift and support protection: Subject to § 14.5-502, an interest subject to a spendthrift or support provision can be reached by a child, spouse or former spouse of the beneficiary with a judgment or court order for support or maintenance; by a judgment creditor who provided services protecting the beneficiary's interest in the trust; and by the State or the United States as a statute or federal law provides. Such a claimant may obtain an order attaching present or future distributions; the court may order the trustee to pay only from income or principal as it becomes due, and may limit the award considering the support needs of the family and of the beneficiary and, for a beneficiary on public benefits, the beneficiary's supplemental needs.
Est. & Trusts § 14.5-506 ↗ Overdue mandatory distributions: Where a beneficiary's interest under a mandatory distribution provision, other than a support provision, carries no spendthrift provision, the court may authorize a creditor or assignee to attach present or future mandatory distributions as § 14.5-501 provides. A creditor or assignee may reach a mandatory distribution the trustee has not made within a reasonable time after the designated distribution date, whatever spendthrift or support provision the trust contains.
Est. & Trusts § 14.5-507 ↗ Powers of appointment and of withdrawal; what does not create one: A power of appointment held by someone other than the settlor is not a property interest, and neither it nor the property subject to it may be judicially foreclosed or attached by the holder's creditor. None of the following creates a general power of appointment or a power of withdrawal for a beneficiary or settlor: serving as trustee or cotrustee; an unrestricted power to remove or replace a trustee; serving in a managerial role of an entity the trust holds; a relative, agent, accountant, attorney, financial adviser, friend or business associate serving as trustee; a settlor's power of appointment other than a reserved power to withdraw for the settlor or the settlor's creditors or estate; or the substitution and borrowing powers of Internal Revenue Code § 675.
Est. & Trusts § 14.5-508 ↗ Creditors' claims against the settlor: During the settlor's lifetime a revocable trust's property is subject to the settlor's creditors; with an irrevocable trust a creditor or assignee of the settlor may reach only the lesser of the claim and the maximum amount distributable to or for the settlor, a settlor's share measured by that settlor's contribution. After the settlor's death, subject to subsection (b) and the settlor's right to direct the source of payment, a trust revocable at death is subject to the settlor's creditors' claims. Where an estate other than a small estate is opened, the trust, its trustee and beneficiaries are not liable for claims not properly presented in the estate within § 8-103's periods or disallowed and barred under § 8-107. Where none is opened, the trustee may publish a notice once a week for three successive weeks in the statute's form; claims are then barred against the trust property, the trustee and the beneficiaries unless, within six months after the first publication, the creditor sues the trustee and serves the complaint within 30 days or presents a verified claim with the listed information, and a claimant whose claim is disallowed must sue within 60 days after the notice of disallowance. A holder of a power of withdrawal is treated as a revocable trust's settlor as to the property subject to it while it may be exercised.
Est. & Trusts § 14.5-509 ↗ Personal obligations of the trustee: Trust property is not subject to the trustee's personal obligations, even if the trustee becomes insolvent or bankrupt.
Est. & Trusts § 14.5-510 ↗ Beneficiary serving as trustee; power to remove a trustee: A creditor may not reach or compel distribution of the beneficial interest of a beneficiary who is a trustee or the sole trustee but not a settlor, or of a beneficiary or other person holding a power to remove or replace a trustee, except to the extent the interest would be reachable if the beneficiary did not serve as trustee or hold the power.
Est. & Trusts § 14.5-511 ↗ Entireties property conveyed in trust: Property a husband and wife held as tenants by the entirety and conveyed to the trustee of one or more trusts, and its proceeds as the section defines them, keep the same immunity from the separate creditors of either spouse as if still held by the entirety, while the spouses remain married, the property or proceeds remain in trust, both spouses are beneficiaries, and the trust instrument, deed or other conveyance provides that the section applies. After the first death, property immune immediately before it keeps that immunity from the separate creditors of the spouse who died. The immunity may be waived by the trust instrument's express terms or both spouses' written consent, and is waived, as to the person and transaction concerned, by a trustee's financial statement that fails to disclose immune property the section does not otherwise treat as disclosed; the trustee bears the burden of proving the immunity, and the section applies only to entireties property conveyed in trust on or after October 1, 2010.

Subtitle 6: Revocable trusts

Est. & Trusts § 14.5-601 ↗ Capacity of settlor of revocable trust: The capacity required to create, amend, revoke or add property to a revocable trust, or to direct its trustee, is the capacity required to make a will. The section does not prohibit creating a revocable trust that other State law authorizes, and a settlor's incapacity or loss of testamentary capacity does not convert a revocable trust into an irrevocable one.
Est. & Trusts § 14.5-602 ↗ Revocation or amendment of revocable trust: Unless its terms expressly make it irrevocable, the settlor may revoke or amend a trust — a rule that does not apply to a trust created under an instrument executed before January 1, 2015. With more than one settlor, community property may be revoked by either spouse alone but amended only by both, other property is revoked or amended by each settlor as to the portion that settlor contributed, and the trustee promptly notifies the other settlors of a revocation or amendment by fewer than all. The settlor revokes or amends by substantially complying with a method the terms provide or, where they provide none or it is not expressly exclusive, by a later will or codicil that expressly refers to the trust or specifically devises property that would otherwise pass under it, or another method manifesting clear and convincing evidence of the settlor's intent. On revocation the trustee delivers the property as the settlor directs. An agent may exercise the settlor's powers to revoke, amend or distribute only as the trust and the power of attorney expressly authorize; a guardian of the property — or, without one, of the person — only with the supervising court's approval and only if the trust instrument does not provide otherwise.
Est. & Trusts § 14.5-603 ↗ Settlor's powers while trust is revocable: While a trust is revocable, the beneficiaries' rights are subject to the settlor's control and the trustee's duties are owed exclusively to the settlor — except that, while the trust is revocable and the settlor lacks capacity to revoke it, a beneficiary to whom lifetime distributions may be made may enforce the trust as if it were irrevocable.
Est. & Trusts § 14.5-604 ↗ Effect of divorce or annulment on revocable trust: For an absolute divorce of the settlor and the settlor's spouse entered on or after October 1, 2016, or an annulment occurring on or after that date, after the settlor's revocable trust was created, and unless the trust instrument, a court order or a written agreement between them provides otherwise: the trust's terms for distributions to or for the spouse are revoked and the spouse is treated as having died on the date of the divorce or annulment; a spouse serving as trustee or adviser is removed on that date without further court action; and afterwards the former spouse may not serve as trustee or adviser or exercise any trust or fiduciary power under the terms, including a power of appointment.
Est. & Trusts § 14.5-605 ↗ Limitation on contest of revocable trust: A judicial proceeding to contest the validity of a trust that was revocable at the settlor's death must be commenced within the earlier of one year after the settlor's death or six months after the trustee sends the person a copy of the trust instrument and a notice of the trust's existence, the trustee's name and address, and the time allowed for commencing a proceeding.
Est. & Trusts § 14.5-606 ↗ Effect of elective share on revocable trust: After a surviving spouse's election to take an elective share under § 3-403 becomes final, all property and benefits that would have passed to the spouse under the trust instrument, other than any part of the spousal benefits, are treated as if the spouse had died the day before the settlor, and the spouse, or a person claiming through the spouse, may not receive property under the instrument other than property forming part of the spousal benefits; the terms take their meanings from § 3-401.

Subtitle 7: The office of trustee

Est. & Trusts § 14.5-701 ↗ Accepting or rejecting trusteeship: A designated trustee accepts by substantially complying with a method of acceptance the terms provide or, where they provide none or the method is not expressly exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance. A designee who has not accepted may reject the trusteeship, and one who does not accept within a reasonable time after knowing of the designation is deemed to have rejected it. Without accepting, a designee may act to preserve the trust property if a rejection is sent within a reasonable time afterwards to the settlor or, if the settlor is dead or lacks capacity, to a qualified beneficiary, and may inspect or investigate the property to determine potential liability under environmental or other law or for any other purpose.
Est. & Trusts § 14.5-702 ↗ Trustee's bond: A trustee gives bond to secure the performance of the trustee's duties only if the court finds a bond is needed to protect the beneficiaries' interests or is required by the terms, and has not dispensed with it; the court may set its amount, liabilities and sureties and may modify or terminate it at any time.
Est. & Trusts § 14.5-703 ↗ Cotrustees: On a vacancy in a cotrusteeship, the remaining cotrustees may act for the trust. A cotrustee participates in the performance of a trustee's function unless unavailable because of absence, illness, disqualification under other law or other temporary incapacity, or the function was properly delegated to another trustee; where a cotrustee is so unavailable and prompt action is necessary to achieve the trust's purposes or avoid injury to its property, the remaining cotrustees may act. A trustee may delegate investment and management functions to a cotrustee as prudent and, unless the delegation was irrevocable, revoke it.
Est. & Trusts § 14.5-704 ↗ Vacancy in trusteeship; appointment of successor: A vacancy occurs if a designated trustee rejects the office or cannot be identified or does not exist; a trustee resigns, is disqualified or removed, or dies; a guardian of the person or property is appointed for an individual trustee; a trustee cannot be located for 120 consecutive days; or two licensed physicians determine a trustee is unable to handle business affairs. With a cotrustee remaining, a vacancy need not be filled; with none, it must be — by a person the terms designate, then a person the qualified beneficiaries appoint unanimously, then the court. The court may appoint an additional trustee or a special fiduciary whenever it considers one necessary for the administration.
Est. & Trusts § 14.5-705 ↗ Resignation of trustee: A trustee may resign on at least 30 days' notice to the qualified beneficiaries, the settlor if living, all cotrustees and any person with a right to replace the trustee or appoint a successor, or with the court's approval; in approving a resignation the court may impose conditions to protect the trust property. Resignation does not discharge the liability of the trustee or a surety for the trustee's acts or omissions.
Est. & Trusts § 14.5-706 ↗ Removal of trustee: In addition to the grounds and procedures of § 15-112, the settlor, a cotrustee or a beneficiary may ask the court to remove a trustee, or the court may act on its own initiative, where the trustee committed a serious breach of trust; lack of cooperation among cotrustees substantially impairs the administration; because of unfitness, unwillingness or persistent failure to administer effectively, removal best serves the beneficiaries; or there has been a substantial change of circumstances and all qualified beneficiaries request removal, removal best serves all the beneficiaries and is not inconsistent with a material purpose, and a suitable cotrustee or successor is available. Pending a decision, or instead of or besides removal, the court may order the relief of § 14.5-901(b) needed to protect the property or the beneficiaries.
Est. & Trusts § 14.5-707 ↗ Delivery of property by former trustee: Unless a cotrustee remains or the court orders otherwise, until the trust property is delivered to a successor or other person entitled to it, a trustee who resigned or was removed has the duties of a trustee and the powers necessary to protect the property, and proceeds expeditiously to deliver the property in its possession to the cotrustee, the successor or the person entitled.
Est. & Trusts § 14.5-708 ↗ Compensation of trustee: Where the terms do not specify compensation, a trustee is entitled to compensation reasonable under the circumstances; where they do, as specified, but the court may authorize more or less if the duties are substantially different from those contemplated or the specified compensation would be unreasonably low or high; and reasonable compensation is allowed for other services in the administration. In judging reasonableness a court considers the value and character of the property, the risk and responsibility, the time spent and the quality of the services, the character and cost of others' services, the trustee's skill and experience, the results, the terms of the trust and any other relevant factor. A supervised financial institution or a member of the Maryland Bar may charge reasonable compensation by a schedule of rates previously filed with the Commissioner of Financial Regulation (a savings and loan association with the Division's director; for a court-supervised estate also with the trust clerk), giving notice to the qualified beneficiaries personally or by certified mail, return receipt requested, with a statement of their right to object and petition the circuit court to review the rates; without the filing and the notice, subsection (a) governs. Any other individual trustee uses a schedule only with the circuit court's approval after notice to the qualified beneficiaries. The section also states how a single trust is identified for the rates and who bears the costs of a court review.
Est. & Trusts § 14.5-709 ↗ Reimbursement of expenses: A trustee is entitled to reimbursement from the trust property, with interest as appropriate, for expenses properly incurred in the administration and, to the extent necessary to prevent the trust's unjust enrichment, for expenses not properly incurred; an advance of money for the trust's protection gives rise to a lien against the trust property securing reimbursement with reasonable interest.
Est. & Trusts § 14.5-710 ↗ Who may exercise trust powers in Maryland: An individual, a trust company as defined in § 1-101, a § 501(c) tax-exempt organization, and — subject to reciprocity and a filing with the Commissioner of Financial Regulation identifying its name, a contact, a resident agent and other required information — a bank, trust company or savings bank organized under another state's or federal law and authorized to exercise trust powers there may exercise trust or fiduciary powers in Maryland.
Est. & Trusts § 14.5-711 ↗ Judges, clerks and registers as trustees: A judge of a State or federal court, a clerk of court or a register of wills may not serve as trustee of a lifetime or testamentary trust created by an instrument executed in Maryland, administered in Maryland or governed by Maryland law, unless the person is the grantor's surviving spouse or related to the grantor within the third degree, or was serving as trustee of the trust on December 31, 1969.

Subtitle 8: The trustee's duties and powers

Est. & Trusts § 14.5-801 ↗ General duty to administer: On acceptance of a trusteeship, the trustee administers the trust reasonably under the circumstances, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with the Trust Act.
Est. & Trusts § 14.5-802 ↗ Duty of loyalty: A trustee administers the trust solely in the beneficiaries' interests. Subject to the rights of persons dealing with the trustee under § 14.5-909, a transaction involving the investment or management of trust property entered into for the trustee's own account, or otherwise affected by a conflict between the trustee's fiduciary and personal interests, is voidable by an affected beneficiary unless the terms authorized it, the court approved it, the beneficiary did not sue in time, the beneficiary consented, ratified or released under § 14.5-907, or it involves a contract or claim acquired before the person became or contemplated becoming trustee. A transaction with the trustee's spouse, descendants, siblings or parents or their spouses, the trustee's agent or attorney, or an enterprise in which the trustee or a significant owner of the trustee has an interest that might affect the trustee's judgment is presumed affected by a conflict; a personal transaction is conflicted if it takes an opportunity belonging to the trust. The trustee votes and controls enterprise interests in the beneficiaries' best interests. If fair to the beneficiaries, the section does not preclude an agreement on the trustee's appointment or compensation, reasonable compensation, a transaction with another trust or estate the trustee serves or a beneficiary is interested in, or an advance to protect the trust; the court may appoint a special fiduciary to decide on a proposed transaction that might violate the section.
Est. & Trusts § 14.5-803 ↗ Duty of impartiality: If a trust has two or more beneficiaries, the trustee acts impartially in investing, managing and distributing the trust property, giving due regard to the beneficiaries' respective interests.
Est. & Trusts § 14.5-804 ↗ Prudent administration: A trustee administers the trust as a prudent person would, considering the trust's purposes, terms, distributional requirements and other circumstances, and in doing so exercises reasonable care, skill and caution.
Est. & Trusts § 14.5-805 ↗ Costs of administration: In administering a trust, the trustee may incur only costs that are reasonable in relation to the trust property, the purposes of the trust and the skills of the trustee.
Est. & Trusts § 14.5-806 ↗ Trustee's skills: A trustee who has special skills or expertise, or was named trustee in reliance on its representation that it has them, uses those special skills or expertise.
Est. & Trusts § 14.5-807 ↗ Delegation by trustee: A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate, even to an agent associated with the trustee, exercising reasonable care, skill and caution in selecting the agent, setting the scope and terms of the delegation consistent with the trust's purposes and terms, and periodically reviewing the agent's performance and compliance. The agent owes the trust reasonable care in complying with the delegation's terms and, by accepting a delegation from the trustee of a trust subject to Maryland law, submits to Maryland's courts. The section does not govern a delegation of investment duties or powers under § 15-114.
Est. & Trusts § 14.5-808 ↗ Powers to direct; advisers: While a trust is revocable, the trustee may follow the settlor's written direction even if contrary to the terms. A person other than the settlor of a revocable trust whom the terms give a power to direct, consent to or disapprove the trustee's investment, distribution or other decisions is an adviser and a fiduciary, required to act reasonably with regard to the trust's purposes and the beneficiaries' interests and liable for a loss from a breach — except a beneficiary whose power affects only that beneficiary and those whose interests the beneficiary controls by a power of appointment. The trustee may not follow an exercise of the power that is manifestly contrary to the terms, unless the settlor expressly waived that in writing, or one the trustee knows would breach the adviser's duty. Where the terms require the trustee to follow an adviser's direction, the trustee acts accordingly and is liable for a resulting loss only for its own willful misconduct, and has no duty to monitor the adviser, advise it, or communicate with or warn a beneficiary or third party about a decision the trustee would have made differently; its administrative actions within the adviser's scope are presumed not to be an undertaking to monitor. Unless the terms provide otherwise, an investment adviser may direct the retention, purchase, sale and encumbrance of property and its investment, vote proxies, and select and delegate to investment advisers, managers or counselors, including the trustee.
Est. & Trusts § 14.5-809 ↗ Control and protection of trust property: A trustee takes reasonable steps to take control of and protect the trust property, except that the duty does not apply to, and the trustee is not responsible for, tangible personal property of a trust revocable by the settlor that is not in the trustee's possession or control.
Est. & Trusts § 14.5-810 ↗ Recordkeeping and identification of trust property: A trustee keeps adequate records of the administration, keeps the trust property separate from the trustee's own, and, except as the section allows, causes the property to be designated so that the trust's interest appears, to the extent feasible, in records kept by a party other than a trustee or beneficiary; with records clearly showing each trust's interest, the trustee may invest the property of two or more separate trusts as a whole.
Est. & Trusts § 14.5-811 ↗ Enforcement and defense of claims: A trustee takes reasonable steps to enforce the trust's claims and to defend claims against the trust, and may abandon a claim that is unreasonable to enforce or assign it to one or more of the beneficiaries holding it.
Est. & Trusts § 14.5-812 ↗ Successor trustee and a former trustee's breach: A trustee is not liable to a beneficiary for a breach of trust committed by a former trustee, but is liable if it knows or should know of a former trustee's breach and improperly permits it to continue, neglects to take reasonable steps to compel a former trustee or another person to deliver trust property to it, or neglects to take reasonable steps to redress a former trustee's breach.
Est. & Trusts § 14.5-813 ↗ Duty to inform and report: Unless unreasonable under the circumstances, a trustee promptly responds to a qualified beneficiary's request for information related to the administration, including a copy of the trust instrument. A trustee notifies the qualified beneficiaries, within 60 days after accepting a trusteeship, of the acceptance and of the trustee's name, address and telephone number; and, within 90 days after acquiring knowledge of the creation of an irrevocable trust or that a formerly revocable trust has become irrevocable — by the settlor's death or otherwise — of the trust's existence, the identity of the settlor or settlors, the right to request a copy of the trust instrument and the right to a trustee's report. Those notices go to known beneficiaries personally or by a method of § 14.5-109(a)(3)(ii), and to an unknown one by publication in the county where the trust property is located once a week for three successive weeks. On a qualified beneficiary's request, the trustee sends that beneficiary, annually and at termination, a report of the trust property, liabilities, receipts and disbursements, including the source and amount of the trustee's compensation, a listing of the assets and, if feasible, their market values; on a vacancy with no cotrustee remaining, the former trustee sends a report to the qualified beneficiaries who request it, and a personal representative, guardian or attorney-in-fact may send it for the former trustee. A qualified beneficiary may waive reports or other information and withdraw the waiver as to the future; a trustee who is a qualified beneficiary owes no report to itself. The two notices do not apply to a trustee that accepted a trusteeship before January 1, 2015, an irrevocable trust created before that date, or a revocable trust that became irrevocable before it.
Est. & Trusts § 14.5-814 ↗ Limits on a trustee's own powers: A trustee may not exercise a power conferred by the governing instrument to make discretionary distributions to or for itself individually, unless limited by an ascertainable standard of health, education, support or maintenance under the Internal Revenue Code; to make discretionary distributions satisfying its own legal obligations; to make discretionary allocations of receipts or expenses between income and principal in its own favor; to remove or replace a trustee holding such a power; or to exercise such a power for another beneficiary where that beneficiary could exercise a similar power for the trustee's benefit. A distribution power the rule bars may still be exercised within an ascertainable standard, and where no trustee can exercise a power, a court may appoint one who can. The section does not apply where it would defeat a marital deduction for a spouse-trustee, while the trust is revocable or amendable, or to a trust whose contributions qualify for the § 2503(c) annual exclusion; it applies to instruments executed after September 30, 1995 unless they expressly exclude it, and to earlier ones as the section provides.
Est. & Trusts § 14.5-815 ↗ General powers of trustee: A trustee, without the court's authorization, may exercise the powers the terms confer and, except as the terms limit them, all powers over the trust property that an unmarried competent owner has over individually owned property, other powers appropriate to the proper investment, management and distribution of the trust property, and the powers the Trust Act and Title 15, Subtitle 6 confer — each subject to the fiduciary duties the Act prescribes.
Est. & Trusts § 14.5-816 ↗ Specific powers of trustee: A trustee has the powers the trust instrument enumerates and, without limiting § 14.5-815 and § 15-102, may inspect or investigate property for environmental-law purposes, act to prevent or remedy an actual or potential environmental violation, decline property or disclaim a power over property burdened with environmental liability, compromise environmental claims and pay the costs of inspection and remediation. A trustee may donate, or consent to a personal representative's donation of, a conservation easement on real property to obtain the estate tax exclusion of Internal Revenue Code § 2031(c) if the governing instrument authorizes or directs it or every beneficiary whose interest the easement would affect consents in writing.
Est. & Trusts § 14.5-817 ↗ Distribution on termination: On termination or partial termination of a trust, the trustee may send the beneficiaries a proposal for distribution; a beneficiary's right to object ends if the beneficiary does not notify the trustee of an objection within 60 days after the proposal was sent, but only if the proposal informed the beneficiary of the right to object and the time allowed. On an event terminating or partially terminating the trust, the trustee proceeds expeditiously to distribute the property to those entitled to it, subject to the right to retain a reasonable reserve for debts, expenses and taxes.

Subtitle 9: Liability; persons dealing with the trustee

Est. & Trusts § 14.5-901 ↗ Remedies for breach of trust: A trustee's violation of a duty owed to a beneficiary, by action or failure to act, is a breach of trust. To remedy a breach that has occurred or may occur, the court may compel the trustee to perform its duties; enjoin a breach; compel redress by paying money, restoring property or other means; order an accounting; appoint a special fiduciary to take possession of the property and administer the trust; suspend the trustee; remove the trustee under § 14.5-706; reduce or deny compensation; subject to § 14.5-909, void an act, impose a lien or constructive trust, or trace and recover property wrongfully disposed of; or order other appropriate relief.
Est. & Trusts § 14.5-902 ↗ Damages for breach of trust: A trustee that commits a breach of trust is liable to the affected beneficiaries for the greater of the amount required to restore the trust property and distributions to what they would have been without the breach, or the profit the trustee made by the breach. A trustee liable with others is entitled to contribution from them, except to the extent of a benefit it received from the breach.
Est. & Trusts § 14.5-903 ↗ Damages in absence of breach: Absent a breach of trust or of the applicable standard of care, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.
Est. & Trusts § 14.5-904 ↗ Limitation of action against trustee: Except as § 14.5-907 provides, a beneficiary may not bring a judicial action against a trustee for breach of trust more than one year after the beneficiary or the beneficiary's representative is sent a report that adequately discloses the existence of a potential claim and informs of the time allowed for bringing an action; a report is adequate if it gives enough information that the beneficiary or representative knows of the potential claim or should have inquired into it. The section does not limit the time for an action for a breach committed in bad faith or with reckless indifference to the trust's purposes or the beneficiaries' interests.
Est. & Trusts § 14.5-906 ↗ Exculpation of trustee: A term relieving a trustee of liability for breach of trust is unenforceable to the extent it relieves liability for a breach committed in bad faith or with reckless indifference to the trust's purposes or the beneficiaries' interests, was inserted through the trustee's abuse of a fiduciary or confidential relationship to the settlor, or was unreasonable under the circumstances. An exculpatory term the trustee drafted or caused to be drafted is invalid as such an abuse unless the trustee proves it fair and adequately communicated to the settlor; a term is not so drafted if the settlor had independent counsel, even if it incorporates the trustee's suggested provisions.
Est. & Trusts § 14.5-907 ↗ Beneficiary's consent, release or ratification; release procedure: A trustee is not liable to a beneficiary for a breach the beneficiary consented to, released or ratified, unless the consent, release or ratification was induced by the trustee's improper conduct or given without knowledge of the beneficiary's rights or the material facts. On a termination under the terms or subtitle 4, or a removal or resignation under the terms or subtitle 7, a trustee may seek a release by sending each interested party — a beneficiary, a representative, a cotrustee, a successor trustee or another person with an interest in or authority over the trust — by first-class and certified mail, return receipt requested, a report stating the termination, resignation or removal; giving an accounting, such as account statements, for the preceding five years, an estimate of property reasonably anticipated but not yet received or disbursed, and the fees still to be paid; and stating that the party may submit a written objection, or a written statement of no objection, within 120 days after the mailing, that a party who does not object in writing within that time is deemed to have released the trustee and consented to and ratified all its actions, and that the trustee is unaware of any undisclosed information that could give rise to a claim. Without a timely objection the trustee distributes to the successors in interest within a reasonable time, or within the 120 days if every party gave a statement of no objection; a timely objection may be submitted to the court or resolved by agreement of all the parties and the trustee.
Est. & Trusts § 14.5-908 ↗ Personal liability of trustee to third parties: Except as the contract provides, a trustee is not personally liable on a contract properly entered into in the fiduciary capacity in the course of administering the trust if the contract disclosed that capacity. A claim on a contract entered into in the fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the administration may be asserted in a judicial proceeding against the trustee in its fiduciary capacity, whether or not the trustee is personally liable.
Est. & Trusts § 14.5-909 ↗ Protection of person dealing with trustee: Without actual knowledge or reasonable cause to inquire whether a trustee is improperly exercising a power, a person dealing with the trustee need not inquire and is protected as if the power were properly exercised; and a person need not see to the proper application of trust assets paid or delivered to a trustee.
Est. & Trusts § 14.5-910 ↗ Certification of trust: Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish a certification of trust stating that the trust exists and the date the instrument was executed; the settlor's identity; the acting trustee's identity and address; the trustee's powers in the pending transaction; whether the trust is revocable and who holds a power to revoke it; the cotrustees' authority to sign and whether all or fewer must act; the trust's taxpayer identification number, unless it is also a settlor's Social Security number; and the manner and name in which title to trust property may be taken. It may be signed or otherwise authenticated by a trustee, states that the trust has not been revoked, modified or amended in a way that makes it incorrect, and need not contain the dispositive terms. The recipient may require copies of the excerpts of the instrument and amendments that designate the trustee and confer the power to act. A person who acts reasonably in reliance on it without knowledge that it is incorrect is not liable and may enforce the transaction against the trust property; the section does not limit obtaining the instrument in a judicial proceeding or a title insurer's right to a copy for the purpose the section states.

Subtitle 10: Miscellaneous provisions

Est. & Trusts § 14.5-1001 ↗ Recordation, transfer and vehicle taxes on transfers to and from trusts: A recordation, transfer or other State or local excise tax may not be imposed on a transfer of real property, or the recording of an instrument transferring it, without consideration if the transfer is to a trust, or is from a trust to beneficiaries and the recipient would have been exempt had the grantor transferred directly, the transfer is made during the grantor's life and the trustee originally acquired the property for adequate consideration, or the transfer is to a beneficiary of a revocable trust as a result of the settlor's death. A parallel rule exempts a vehicle's titling excise tax and fee for transfers to and from trusts. "Trust" excludes a real estate investment trust and a statutory trust.
Est. & Trusts § 14.5-1002 ↗ Special needs and supplemental needs trusts: It is the State's policy to encourage special needs and supplemental needs trusts — funded by the beneficiary or a third party — that preserve funds for an individual of any age with disabilities to provide for needs public benefits do not meet and to enhance quality of life. Each State agency providing means-tested benefits to individuals with disabilities adopts regulations no more restrictive than federal law or State trust law, without requiring a beneficiary's confidential information absent consent, that allow, among other things, a pooled-trust account to be funded without limit, funds to be used for the beneficiary's sole benefit including food, shelter, utilities and transportation at the trustee's discretion, and a parent to fund a trust for a child with disabilities without a transfer penalty; no court order is required to fund or disburse from such a trust. The section also addresses pooled trusts' nonprofit status and the reach of agency regulations.
Est. & Trusts § 14.5-1003 ↗ Settlor's tax reimbursement and spousal lifetime trust interests: An individual who creates a trust is not treated as its settlor as to an interest that consists only of the trustee's authority to pay or reimburse the individual's tax on trust income or principal, or as to an interest following a spouse's prior interest in a trust the individual created for the spouse that is treated as qualified terminable interest property under Internal Revenue Code § 2523(f); the individual's creditors may not reach the trust's principal or income, or the individual's interest, as the section states. The section does not affect the law of fraudulent transfers.
Est. & Trusts § 14.5-1004 ↗ Electronic records and signatures: The Act's provisions on the legal effect, validity or enforceability of electronic records and signatures conform to § 102 of the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7002) and supersede, modify and limit that Act's requirements.
Est. & Trusts § 14.5-1005 ↗ Severability: If a provision of the Act, or its application to a person or circumstance, is held invalid, the invalidity does not affect the provisions or applications that can be given effect without it.
Est. & Trusts § 14.5-1006 ↗ Application to existing relationships: Except as the Act provides otherwise, it applies to all trusts created before, on or after January 1, 2015, and to judicial proceedings concerning trusts commenced on or after that date but not to those commenced before it; its rules of construction and presumptions apply to instruments executed before that date unless the terms clearly indicate a contrary intent; and an act done before that date is not affected. A right acquired, extinguished or barred on the expiration of a period that began to run under another statute before January 1, 2015 continues to be governed by that statute.

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Le Code des trusts du Maryland, section par section