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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

The MTA, in MD §14.5-811, affirmatively authorizes a trustee to abandon a claim that is unreasonable to enforce or assign the claim to a beneficiary. None of the UTC, the DC UTC, and the VA UTC has a corresponding provision.

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UTC

§ 811. Enforcement and defense of claims.

A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.

DC

§ 19-1308.11. Enforcement and defense of claims.

A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.

MD

§ 14.5-811. Enforcement, defense, abandonment or assignment of claims against trust.

A

(a) A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.
(b) A trustee may abandon a claim that is unreasonable to enforce or assign the claim to one or more of the beneficiaries of the trust holding the claim.

VA

§ 64.2-773. Enforcement and defense of claims

A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.

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Current Through: 7/25/2019

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