Comparison of Uniform Trust Code, DC Trust Code, Maryland Trust Act, and Virginia Trust Code, with Annotations
Limit the display as desired by selecting the HIDE/SHOW buttons above each column. Access annotations by clicking
A
UTC §301(d) is a bracketed provision providing that a settlor may not represent and bind a beneficiary with respect to the termination or modification of a trust. The purpose of this provision is to avoid the possible inclusion of the trust in the settlor’s estate for estate tax purposes because, arguably, participation in the termination or modification of a trust constitutes a retained interest under §2036 of the Internal Revenue Code. UTC §301(d) is omitted from DC §19-1303.01 and also omitted from MD §14.5-301. UTC §301(d) is included in VA §64.2-714.
The representation provisions permit notice to be given to a person who may represent and bind another person and provide that the consent of a person who may represent and bind another person is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have been effective. DC §19-1303.01(b) and VA §64.2-714(B) specify that an objection to consent is made by notifying the trustee or the representative. MD §14.5-301(b) specifies that an objection to consent must be made by notifying the trustee and the representative. In addition, under MD §14.5-301(a), the person represented with respect to notice to that person may object to the representation as to notice by notifying the trustee and the representative.
UTC §301(d) is a bracketed provision providing that a settlor may not represent and bind a beneficiary with respect to the termination or modification of a trust. The purpose of this provision is to avoid the possible inclusion of the trust in the settlor’s estate for estate tax purposes because, arguably, participation in the termination or modification of a trust constitutes a retained interest under §2036 of the Internal Revenue Code. UTC §301(d) is omitted from DC §19-1303.01 and also omitted from MD §14.5-301. UTC §301(d) is included in VA §64.2-714.
The representation provisions permit notice to be given to a person who may represent and bind another person and provide that the consent of a person who may represent and bind another person is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have been effective. DC §19-1303.01(b) and VA §64.2-714(B) specify that an objection to consent is made by notifying the trustee or the representative. MD §14.5-301(b) specifies that an objection to consent must be made by notifying the trustee and the representative. In addition, under MD §14.5-301(a), the person represented with respect to notice to that person may object to the representation as to notice by notifying the trustee and the representative.
MD §14.5-301(d) and (e) are additional representation provisions, absent from UTC §301, which provide that a representative may act on behalf of another person whether or not there is a judicial proceeding pending and, in making decisions, may consider the general benefit accruing to the members of the represented individual’s family. These additional representation provisions are included in UTC §305, DC §19-1303.05, and VA §64.2-718, which pertain to the appointment of a representative by the court.
UTC §301(d) is a bracketed provision providing that a settlor may not represent and bind a beneficiary with respect to the termination or modification of a trust. The purpose of this provision is to avoid the possible inclusion of the trust in the settlor’s estate for estate tax purposes because, arguably, participation in the termination or modification of a trust constitutes a retained interest under §2036 of the Internal Revenue Code. UTC §301(d) is omitted from DC §19-1303.01 and also omitted from MD §14.5-301. UTC §301(d) is included in VA §64.2-714.
The representation provisions permit notice to be given to a person who may represent and bind another person and provide that the consent of a person who may represent and bind another person is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have been effective. DC §19-1303.01(b) and VA §64.2-714(B) specify that an objection to consent is made by notifying the trustee or the representative. MD §14.5-301(b) specifies that an objection to consent must be made by notifying the trustee and the representative. In addition, under MD §14.5-301(a), the person represented with respect to notice to that person may object to the representation as to notice by notifying the trustee and the representative.
UTC §301(d) is a bracketed provision providing that a settlor may not represent and bind a beneficiary with respect to the termination or modification of a trust. The purpose of this provision is to avoid the possible inclusion of the trust in the settlor’s estate for estate tax purposes because, arguably, participation in the termination or modification of a trust constitutes a retained interest under §2036 of the Internal Revenue Code. UTC §301(d) is omitted from DC §19-1303.01 and also omitted from MD §14.5-301. UTC §301(d) is included in VA §64.2-714.
(a) Notice to a person who may represent and bind another person under this [article] has the same effect as if notice were given directly to the other person.
(b) The consent of a person who may represent and bind another person under this [article] is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.
(c) Except as otherwise provided in Sections [411 and] 602, a person who under this [article] may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor’s behalf.
[(d) A settlor may not represent and bind a beneficiary under this [article] with respect to the termination or modification of a trust under Section 411(a).]
(a) Notice to a person who may represent and bind another person under this subchapter has the same effect as if notice were given directly to the other person.
(b) The consent of a person who may represent and bind another person under this subchapter is binding on the person represented unless the person represented objects to the representation by notifying the trustee or the representative before the consent would otherwise have become effective.
(c) Except as otherwise provided in sections 19-1304.11 and 19-1306.02, a person who under this subchapter may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf. [MISSING UTC(d)]
(a) Except as required by the applicable rules of civil procedure in a judicial proceeding, notice to a person that is authorized to represent and bind another person under this subtitle has the same effect as if notice were given directly to the other person unless the person represented objects to the representation by notifying the trustee and the representative before the notice would otherwise have become effective.
(b) The consent of a person that is authorized to represent and bind another person under this subtitle is binding on the person represented unless the person represented objects to the representation by notifying the trustee and the representative before the consent would otherwise have become effective.
(c) Except as otherwise provided in [MISSING REFERENCE TO OTHER SECTION]§ 14.5–602 of this title, a person that under this subtitle is authorized to represent a settlor that lacks capacity may receive notice and give a binding consent on behalf of the settlor. [MISSING [UTC(d)]
(d) A representative may act on behalf of the individual represented with respect to a matter arising under this title, whether or not a judicial proceeding concerning the trust is pending.
(e) In making decisions as a representative of an individual, the representative may consider the general benefit accruing to the living members of the family of the individual.
A. Notice to a person who may represent and bind another person under this chapter has the same effect as if notice were given directly to the other person.
B. The consent of a person who may represent and bind another person under this chapter is binding on the person represented unless the person represented objects to the representation by notifying the trustee or the representative before the consent would otherwise have become effective.
C. Except as otherwise provided in §§ 64.2-729 and 64.2-751, a person who under this chapter may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.
D. A settlor may not represent and bind a beneficiary under this chapter with respect to the termination or modification of a trust under § 64.2-729.
