University of Baltimore Law Forum
Abstract
When adopting its version of the Uniform Trust Code (the "UTC"), Maryland
made two modifications to the UTC that potentially reduced the ability of trust
beneficiaries to enforce their rights. First, the Maryland Trust Act ("MTA")
did not include the UTC requirement that a trustee shall keep beneficiaries
reasonably informed about the administration of the trust and of material facts
necessary to protect their interests regardless of whether the beneficiary
requests such information. Second, Maryland added to the “virtual
representation” provisions of the MTA that a settlor can designate a
representative regardless of the beneficiary's age or capacity to receive notice
and provide consent on behalf of the beneficiary. These provisions taken
together could significantly impair a beneficiary's ability to enforce a trust.
This article examines the implications of this shift away from a well-informed
beneficiary including whether it defeats the purpose of a trust, accomplishes
its stated goal, and whether these sections successfully abrogate the common
law.
Recommended Citation
Franke, Fred and Howe, Deb
(2019)
"The Maryland Trust Act: The Fate of the Unknowledgeable Beneficiary,"
University of Baltimore Law Forum: Vol. 49:
No.
2, Article 2.
Available at:
https://scholarworks.law.ubalt.edu/lf/vol49/iss2/2