Maine § 18-B §1214 Trust limitation on decanting

Maine Statutes

§ 18-B §1214 — Trust limitation on decanting

Maine § 18-B §1214

Title 18-BTRUSTS

Part 1MAINE UNIFORM TRUST CODE

Ch. 12MAINE UNIFORM TRUST DECANTING ACT

This text of Maine § 18-B §1214 (Trust limitation on decanting) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 18-B, § 18-B §1214 (2026).

Text

1.Decanting power prohibited. An authorized fiduciary may not exercise the decanting power to the extent the first-trust instrument expressly prohibits exercise of:

2.Decanting power restricted. Exercise of the decanting power is subject to any restriction in the first-trust instrument that expressly applies to exercise of:

3.Decanting power not precluded. A general prohibition on amendment or revocation of a first trust, a spendthrift provision or a clause restraining the voluntary or involuntary transfer of a beneficiary's interest does not preclude exercise of the decanting power.

4.First trust permits modification or distribution. Subject to subsections 1 and 2, an authorized fiduciary may exercise the decanting power pursuant to this Act even if the first-trust instrument permits

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1.
Decanting power prohibited.
An authorized fiduciary may not exercise the decanting power to the extent the first-trust instrument expressly prohibits exercise of:
2.
Decanting power restricted.
Exercise of the decanting power is subject to any restriction in the first-trust instrument that expressly applies to exercise of:
3.
Decanting power not precluded.
A general prohibition on amendment or revocation of a first trust, a spendthrift provision or a clause restraining the voluntary or involuntary transfer of a beneficiary's interest does not preclude exercise of the decanting power.
4.
First trust permits modification or distribution.
Subject to subsections 1 and 2, an authorized fiduciary may exercise the decanting power pursuant to this Act even if the first-trust instrument permits the authorized fiduciary or another person to modify the first-trust instrument or to distribute part or all of the principal of the first trust to another trust.
5.
Express prohibition or restriction included in 2nd trust.
If a first-trust instrument contains an express prohibition described in subsection 1 or an express restriction described in subsection 2, the provision must be included in the 2nd-trust instrument.