MEMORANDUM

 

To:            All 1st Justices, Registers, MUPC Magistrates & LUEs

From:        Evelyn Patsos

Subject:    MUPC Practice Tips - Internal Petitions and Trusts

Date:         May 23, 2012

 


Hello everyone. Hope all is well. On behalf of the MUPC Education Committee, I want to update you on an issue that I have affectionately termed, "the questions of the day" namely, whether or not a will that pours over into a trust that has minor, incompetent or unascertained interests can ever be informally probated when the trustee and petitioner are one in that same. The Education Committee, with the approval of Chief Justice Carey, has officially concluded the following:


An informal proceeding may be used to probate a will that pours over into an inter vivos or testamentary trust where the petitioner also is the trustee, even if there may be trust beneficiaries who are minors, incompetent or unascertained. The trust beneficiaries (adult or otherwise) do not need to be listed on the petition unless they are otherwise devisees or heirs. 
 

As a reminder, a trustee under the Code is considered a devisee and therefore should be listed as such on an informal or formal petition. If you have questions on the above or any other MUPC procedural issue, please feel free to contact me at evelyn.patsos@jud.state.ma.us or the UPC internal "hotline" at pf_upc@jud.state.ma.us.

As always, thank you for your patience as we consider these new procedural issues.