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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

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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