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Comparison of Uniform Trust Code, DC Trust Code, Maryland Trust Act, and Virginia Trust Code, with Annotations

  • Preamble
  • Article 1
  • Article 2
  • Article 3
  • Article 4
  • Article 5
  • Article 6
  • Article 7
  • Article 8
  • UPIA-UTC Article 9
  • Article 10
  • Article 11
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A

Article 2

— Judicial Proceedings

§ 201   § 202   § 203   § 204  —–  MD § 14.5-203   VA § 64.2-712   VA § 64.2-713

Under the UTC and in all three jurisdictions, the court may intervene in the administration of a trust when its jurisdiction is invoked by an interested person or as provided by law. MD §14.5-201(a) expressly provides that a court may intervene in the administration of a trust on the court’s own motion, fashioning and implementing remedies as interests of beneficiaries and the public may require. MD §14.5-201 provides that a court having equity jurisdiction has general superintending power with respect to trusts, notwithstanding any provision in Titles 1 through 13 of the Estates and Trusts Article.

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UTC

§ 201. Role of court in administration of trust.

(a) The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.
(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 any matter involving the trust’s administration, including a request for instructions and an action to declare rights.

DC

§ 19-1302.01. Role of court in administration of trust.

(a) The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.
(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 any matter involving the trust's administration, including a request for instructions and an action to declare rights.

MD

§ 14.5–201. Intervention in administration of trust.

A

(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.

VA

§ 64.2-710. Role of court in administration of trust

A. The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.
B. Except as provided in Part A (§ 64.2-1200 et seq.) of Subtitle IV, a trust is not subject to continuing judicial supervision unless ordered by the court.
C. A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions and an action to declare rights.

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UTC

§ 202. Jurisdiction over trustee and beneficiary.

(a) By accepting the trusteeship of a trust having its principal place of administration in this State or by moving the principal place of administration to this State, the trustee submits personally to the jurisdiction of the courts of this State regarding any matter involving the trust.
(b) With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this State are subject to the jurisdiction of the courts of this State regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this State regarding any matter involving the trust.
(c) This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust.

DC

§ 19-1302.02. Jurisdiction over trustee and beneficiary.

(a) By accepting the trusteeship of a trust having its principal place of administration in the District of Columbia or by moving the principal place of administration to the District of Columbia, the trustee submits personally to the jurisdiction of the courts of the District of Columbia regarding any matter involving the trust.
(b) With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in the District of Columbia are subject to the jurisdiction of the courts of the District of Columbia regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of the District of Columbia regarding any matter involving the trust.
(c) This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust.

MD

§ 14.5–202. Jurisdiction.

(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.

VA

§ 64.2-711. Jurisdiction over trustee and beneficiary

A. By accepting the trusteeship of a trust having its principal place of administration in the Commonwealth or by moving the principal place of administration to the Commonwealth, the trustee submits personally to the jurisdiction of the courts of the Commonwealth regarding any matter involving the trust.
B. With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in the Commonwealth are subject to the jurisdiction of the courts of the Commonwealth regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of the Commonwealth regarding any matter involving the trust.
C. This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust.

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UTC

[§ 203. Subject-matter jurisdiction.]

[(a) The [designate] court has exclusive jurisdiction of proceedings in this State brought by a trustee or beneficiary concerning the administration of a trust.
(b) The [designate] court has concurrent jurisdiction with other courts of this State of other proceedings involving a trust.]

DC

Omitted.

MD

Omitted.

VA

Omitted.

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UTC

[§ 204. Venue.]

[(a) Except as otherwise provided in subsection (b), venue for a judicial proceeding involving a trust is in the [county] of this State in which the trust’s principal place of administration is or will be located and, if the trust is created by will and the estate is not yet closed, in the [county] in which the decedent’s estate is being administered.
(b) If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in a [county] of this State in which a beneficiary resides, in a [county] in which any trust property is located, and if the trust is created by will, in the [county] in which the decedent’s estate was or is being administered.]

DC

Omitted.

MD

Omitted.

VA

Omitted.

MD §14.5-203 contains a provision omitted from the UTC relating to discretionary powers and the abuse of the discretion of the trustee.

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UTC

No equivalent.

DC

No equivalent.

MD

§ 14.5–203. Discretionary powers subject to judicial control; abuse of discretion.

A

(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.
[MD 14.5-203(a)(3) BELOW FOUND AT UTC 814(a)]
(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.

VA

No equivalent.

The VA UTC includes provisions (§§64.2-712 and 64.2-713) omitted from the UTC relating to proceedings to appoint and remove trustees and the nature and effect of pleadings, parties, orders, and notices in judicial proceedings involving trusts. Among other matters, §64.2-713 provides for notice to unborn, minor, and incapacitated individuals and the binding effect of orders issued to fiduciaries, holders of powers of appointment, and others.

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UTC

No equivalent.

DC

No equivalent.

MD

No equivalent.

VA

§ 64.2-712. Proceedings to appoint or remove trustees

A

A. Proceedings to appoint or remove trustees may be brought by motion pursuant to §§ 64.2-1405 and 64.2-1406.
B. Proceedings to appoint or remove trustees also may be brought by petition or complaint. In such a proceeding, beneficiaries who are not qualified beneficiaries shall not be necessary parties, nor shall it be necessary to join (i) a trustee who has declined to accept the trust, resigned or been adjudicated an incapacitated person or (ii) the personal representative of a trustee.

The VA UTC includes provisions (§§64.2-712 and 64.2-713) omitted from the UTC relating to proceedings to appoint and remove trustees and the nature and effect of pleadings, parties, orders, and notices in judicial proceedings involving trusts. Among other matters, §64.2-713 provides for notice to unborn, minor, and incapacitated individuals and the binding effect of orders issued to fiduciaries, holders of powers of appointment, and others.

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UTC

No equivalent.

DC

No equivalent.

MD

No equivalent.

VA

§ 64.2-713. Pleadings; parties; orders; notice

A

A. In judicial proceedings involving trusts governed under this chapter, including proceedings to modify or terminate a trust:
1. Interests to be affected by the proceeding shall be described in pleadings that give reasonable information to owners by name or class, by reference to the instrument creating the interests, or in any other appropriate manner.
2. Orders shall bind persons as follows:
a. An order binding the sole holder or all co-holders of a power of revocation or a presently exercisable general power of appointment, including one in the form of a power of amendment, binds other persons to the extent their interests as objects, takers in default or otherwise are subject to such power.
b. To the extent there is no conflict of interest between or among them:
(1) An order binding a conservator or a guardian of an estate binds the person whose estate he controls;
(2) An order binding a guardian of the person binds the ward if no conservator or guardian of his estate has been appointed;
(3) An order binding a trustee binds beneficiaries of the trust in proceedings to probate a will establishing or adding to a trust, to review the acts or accounts of a prior fiduciary, and in proceedings involving creditors or other third parties;
(4) An order binding a personal representative binds persons interested in the undistributed assets of a decedent's estate in actions or proceedings by or against the estate; and
(5) An order binding a sole holder or all co-holders of a general testamentary power of appointment binds other persons to the extent their interests as objects, takers in default, or otherwise are subject to the power.
c. Unless otherwise represented, a minor, an incapacitated, unborn, or unascertained person is bound by an order if his interest is adequately represented by another party having a substantially identical interest in the proceedings.
3. Notice shall be given:
a. Pursuant to Chapter 8 (§ 8.01-285 et seq.) of Title 8.01 and the Rules of Supreme Court of Virginia: (i) to every interested party or to a person who can bind an interested party pursuant to subdivision 2 a or 2 b; and (ii) if the proceeding seeks the modification or termination of a charitable trust or the sale of any of its real estate, to the public at large by order of publication published once a week for three consecutive weeks prior to any hearing or trial in a paper of general circulation in the county or city (a) of the trust's principal place of administration and (b) where any affected real estate of the trust is located. This notice provision does not change the common law rule that members of the public at large are not entitled to be parties to such judicial proceedings or to have any right to appear therein. The purpose of the notice, which shall be stated therein, is solely to make the public aware of the nature of such proceedings, the remedy being sought therein, and the opportunity to share their views in regard thereto with the Attorney General. The court shall not conduct any hearing or trial until it has made a finding that the required notice to the public has been given as specified herein.
b. To unborn or unascertained persons who are not represented pursuant to subdivision 2 a or 2 b by giving notice to all known persons whose interests in the proceeding are substantially identical to those of the unborn or unascertained persons.
4. Persons under a disability, or unborn or incapacitated persons may be represented during the course of a judicial proceeding as follows:
a. At any point in a judicial proceeding, a court may appoint a guardian ad litem to represent the interest of a minor, an incapacitated, unborn or unascertained person, or a person whose identity or address is unknown, if the court determines that representation of the interest otherwise would be inadequate. The guardian ad litem may be appointed to represent several persons or interests to the extent there is no conflict of interest among those persons or interests. The reasons for appointing a guardian ad litem shall be stated in the record of the proceedings.
b. A minor or other person under a disability may be represented by an attorney-at-law duly licensed to practice in the Commonwealth who has entered of record an appearance on his behalf to the extent permitted by § 8.01-9.
B. The provisions of this section shall apply notwithstanding the Rules of Supreme Court of Virginia or any applicable provisions in Title 8.01.

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Current Through: 7/25/2019

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