Title 18-B, section 504, subsection 2 is amended to clarify the beneficiary's right to take legal action against a trustee for failure to act in accordance with the terms and purposes of the trust. A new Title 18-B, section 504, subsection 3 is added to provide that beneficiaries who are also trustees are protected from creditors to the extent that distributions are subject to an ascertainable standard.

Title 18-B, section 603, subsection 1 protects the settlors of Maine trusts by making it clear that the remainder beneficiaries have no rights as long as the settlor of a revocable trust is alive, even if incapacitated.

Title 18-B, section 704, subsection 4 is amended to delete the requirement that the Attorney General must approve the charity's appointment of the successor trustee of a charitable trust. Title 5, section 194 imposes no such requirement and is a comprehensive and recent enactment.

Title 18-B, section 802, subsection 4 is amended to protect innocent 3rd parties who purchase from a trustee from a forfeiture of the property if the trustee acted wrongfully. This protects the integrity of real estate titles and is identical to the provisions of Maine law with respect to fraudulent transfers.

Title 18-B, section 813 is amended for clarification. Title 18-A, section 813, subsection 5 is added to provide that the requirement of giving notice to beneficiaries does not require trustees to send additional notices to beneficiaries of trusts already in existence on July 1, 2005.

Title 18-B, section 814, subsection 1 is amended to clarify that existing Maine law applicable to a trustee's exercise of discretionary power is not changed; no new or additional standards are imposed upon trustees exercising discretion. The Official Maine Comment is also amended to make the same point.

Title 18-B, section 814, subsection 2, paragraph A is amended to reflect the fact that an "ascertainable standard" is now defined in Title 18-B, section 103 by deleting the now redundant words after "ascertainable standard."