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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

DC §19-1306.04 provides that a person may commence a judicial proceeding to contest the validity of a revocable trust within the earliest of (1) one year after the settlor’s death, (2) 90 days after the trustee sent the person a notice with all relevant information, or six months after the date of the first publication of notice with all relevant information. VA §64.2-753 provides that a person may commence a judicial proceeding to contest the validity of a revocable trust within the earlier of (1) two years after the settlor’s death or (2) six months after the trustee sent the person a notice with all relevant information. The VA UTC provides no publication option. The MTA lacks a corresponding statute (see comment to MD §14.5-604 related to partial revocation by divorce or annulment).
DC §19-1306.04 provides that a person may commence a judicial proceeding to contest the validity of a revocable trust within the earliest of (1) one year after the settlor’s death, (2) 90 days after the trustee sent the person a notice with all relevant information, or six months after the date of the first publication of notice with all relevant information. VA §64.2-753 provides that a person may commence a judicial proceeding to contest the validity of a revocable trust within the earlier of (1) two years after the settlor’s death or (2) six months after the trustee sent the person a notice with all relevant information. The VA UTC provides no publication option. The MTA lacks a corresponding statute (see comment to MD §14.5-604 related to partial revocation by divorce or annulment).
DC §19-1306.04 provides that a person may commence a judicial proceeding to contest the validity of a revocable trust within the earliest of (1) one year after the settlor’s death, (2) 90 days after the trustee sent the person a notice with all relevant information, or six months after the date of the first publication of notice with all relevant information. VA §64.2-753 provides that a person may commence a judicial proceeding to contest the validity of a revocable trust within the earlier of (1) two years after the settlor’s death or (2) six months after the trustee sent the person a notice with all relevant information. The VA UTC provides no publication option. The MTA lacks a corresponding statute (see comment to MD §14.5-604 related to partial revocation by divorce or annulment).

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UTC

§ 604. Limitation on action contesting validity of revocable trust; distribution of trust property.

(a) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor’s death within the earlier of:
(1) [three] years after the settlor’s death; or
(2) [120] days after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust’s existence, of the trustee’s name and address, and of the time allowed for commencing a proceeding.
(b) Upon the death of the settlor of a trust that was revocable at the settlor’s death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless:
(1) the trustee knows of a pending judicial proceeding contesting the validity of the trust; or
(2) a potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent the notification.
(c) A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.

DC

§ 19-1306.04. Limitation on action contesting validity of revocable trust; distribution of trust property.

A

(a) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earliest of:
(1) One [SUBSTITUTED FOR "[THREE]"] year after the settlor's death;
(2) Ninety [SUBSTITUTED FOR "[120]"] days after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding; or
(3) Six months after the date of the first publication of notice of the trust's existence, the name and address of each trustee and of the settlor, and the time allowed for commencing a proceeding, in the same manner as required for publication of notice of appointment of a personal representative, if the trustee sends a copy of the text of such notice, not later than 15 days after the date of its first publication, to each qualified beneficiary of the trust, heir of the decedent, and other person who would be an interested person within the meaning of section 20-101(d) if the trust were a will and who would have been required to be sent notice of the appointment of a personal representative under section 20-704 if a personal representative had been appointed.
(b) Upon the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless:
(1) The trustee knows of a pending judicial proceeding contesting the validity of the trust; or
(2) A potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent the notification.
(c) A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.

MD

Omitted.

A

VA

§ 64.2-753. Limitation on action contesting validity of revocable trust; distribution of trust property

A

A. A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of:
1. Two [SUBSTITUTED FOR "[THREE]"] years after the settlor's death; or
2. Six months [SUBSTITUTED FOR "[120 DAYS]"] after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding.
B. Upon the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless:
1. The trustee knows of a pending judicial proceeding contesting the validity of the trust; or
2. A potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent the notification.
C. A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.

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