Sec. 4. 18-B MRSA §103, sub-§12, as enacted by PL 2003, c. 618, Pt. A, §1 and affected by §2, is amended to read:

12. Qualified beneficiary. "Qualified beneficiary" means a living beneficiary who on the date the beneficiary's qualification is determined:

A. Is a distributee or permissible distributee of trust income or principal;

B. Would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in paragraph A terminated on that date, but the termination of those interests would not cause the trust to terminate; or

C. Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.

"Qualified beneficiary" does not include a contingent distributee or a contingent permissible distributee of trust income or principal whose interest in the trust is not reasonably expected to vest.

Sec. 5. 18-B MRSA §105, sub-§2, ¶¶H and I, as enacted by PL 2003, c. 618, Pt. A, §1 and affected by §2, are amended to read:

H. The Subject to subsection 3, the duty under section 813, subsection 2, paragraphs B and C to notify qualified beneficiaries of an irrevocable trust who have attained 25 years of age of the existence of the trust, of the identity of the trustee and of their right to request trustee's reports;

I. The Subject to subsection 3, the duty under section 813, subsection 1 to respond to the request of a qualified beneficiary of an irrevocable trust for trustee's reports and other information reasonably related to the administration of a trust;

Sec. 6. 18-B MRSA §105, sub-§3 is enacted to read:

3.__Waiver or modification.__The settlor, in the trust instrument or in another writing delivered to the trustee, may waive or modify the duties of a trustee under section 813,