Maine Statutes
§ 18-B §1221 — Savings provision
1.Second-trust instrument in part not in compliance.
If exercise of the decanting power would be effective under this Act except for the 2nd-trust instrument's partial noncompliance with this Act, the exercise of the decanting power is effective and the following applies with respect to the principal of the 2nd trust attributable to the exercise of the decanting power:
2.Fiduciary action.
If a trustee or other fiduciary of a 2nd trust determines that subsection 1 applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary's duties.
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Legislative History
PL 2021, c. 235, §1 (NEW).
Nearby Sections
15
§ 18 §1
By whom and how made§ 18 §1001
Rules of descent§ 18 §1002
Degrees of kindred§ 18 §1004
Posthumous child takes intestate share§ 18 §1005
Child or issue may have intestate share§ 18 §1006
Contribution to loss by devisee§ 18 §1008
Rights of heirs of deceased devisees§ 18 §102
Petition for probate; notice§ 18 §103
Competency of witnesses§ 18 §104
Depositions