LD 1551
pg. 4
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LR 1146
Item 1

 
appointed to enforce a trust created for the care of an animal or
another noncharitable purpose as provided in section 408 or 409 has
the rights of a qualified beneficiary under this Code. if the
charitable organization, on the date the charitable organization's
qualification is being determined:

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

 
B.__Would be a distributee or a permissible distributee of
trust income or principal upon the termination of the
interests of other distributees or permissible distributees
then receiving or eligible to receive distributions; or

 
C.__Would be a distributee or permissible distributee of
trust income or principal on that date.

 
A charitable organization whose interest in the trust as a
contingent distributee of the trust income or principal is not
reasonably expected to vest does not have the rights of a
qualified beneficiary.

 
1-A.__Person appointed to enforce trust.__A person appointed
to enforce a trust created for the care of an animal or another
noncharitable purpose as provided in section 408 or 409 has the
rights of a qualified beneficiary under this Code.

 
2. Attorney General. The Attorney General has the rights of
a qualified beneficiary provided in Title 5, section 194 with
respect to a charitable trust having its principal place of
administration in this State, but may not be treated as and does
not have the rights of a qualified beneficiary.

 
Sec. 8. 18-B MRSA §301, sub-§4 is enacted to read:

 
4.__Limitation on representation by settlor.__A settlor may
not represent and bind a beneficiary under this chapter with
respect to termination or modification of a trust under section
411, subsection 1.

 
Sec. 9. 18-B MRSA §411, sub-§1, as enacted by PL 2003, c. 618, Pt. A,
§1 and affected by §2, is amended to read:

 
1. Consent of settlor and all beneficiaries. A
noncharitable irrevocable trust may be modified or terminated
upon consent of the settlor and all beneficiaries, even if the
modification or termination is inconsistent with a material
purpose of the trust. If the settlor and all beneficiaries
consent to the modification or termination of an irrevocable
trust, the court shall enter an order approving the modification


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