Mass. General Laws c.203E, Procedural advisory: introduction (2013)

Introduction to the 2013 procedural advisory for Mass. General Law c. 203E, the Massachusetts Uniform Trust Code (MUTC).

The contents of this Advisory are intended to provide general procedural guidance only. This Advisory is for education and informational purposes only and is not intended to provide legal advice.

Written and edited by the MUPC Procedures Committee:

• Hon. Jennifer M.R. Ulwick, Norfolk Division
• Hon. Elaine M. Moriarty, Associate Justice, Suffolk Division
• Hon. Anthony R. Nesi, First Justice, Bristol Division
• Hon. Lisa A. Roberts, Associate Justice, Plymouth Division
• Thomas P. Jalkut, Nutter, McClennen & Fish, LLP, Boston
• Christopher G. Mehne, Bowditch & Dewey, LLP, Worcester
• Evelyn Patsos, Deputy Assistant Register, Worcester Division

Introduction

The adoption of the Massachusetts Uniform Trust Code (“MUTC”), G. L. c. 203E¹, repeals all but Part 5 of Article VII of the Massachusetts Uniform Probate Code (“MUPC”), G. L. c. 190B². Other sections of the MUPC that have not been repealed and remain applicable to trusts include many of the rules of construction in Article II and the provisions relating to compromise proceedings in Part 11 of Article III. Additionally, G. L. c. 203, §§ 1-3A, §§ 4-4B and §§ 40-42 remain applicable to trusts, as are the statutory provisions related to equitable remedies, declaratory judgments and cy pres actions. See generally, G. L. c. 215, § 6, G. L. c. 231A and G. L. c. 214, § 10B.

Overall, the MUTC, like the MUPC, is based on the premise that the jurisdiction of a court is invoked only when there is a problem or dispute relating to a trust’s administration or when a remedy is sought by a person interested in the trust. Most aspects of trust administration, including accounting to beneficiaries, payment of trustee fees and the acceptance and change of trusteeship, will take place consistent with the terms of the trust and will not require judicial intervention, approval or action by any court. MUTC at § 201. Download a copy of the Report of the Ad Hoc Massachusetts Uniform Trust Code Committee (PDF).

Acknowledgment

The MUPC Procedures Committee would like to acknowledge the following individuals for their invaluable assistance:

MUPC Forms Committee:

• Mark Leahy, Whittum & Leahy, Hingham
• Hon. Elaine M. Moriarty, Associate Justice, Suffolk Division
• Evelyn Patsos, Deputy Assistant Register, Worcester Division
• Emily Deines, Administrative Technical Specialist, AOPFC
• Anne Marie Passanisi, Automation Manager, AOPFC

Administrative Office of the Probate and Family Court:

• Hon. Paula M. Carey, Chief Justice
• Denise Fitzgerald, Administrative Attorney

¹ For ease of the reader, all further citations to the MUTC will be as follows: MUTC at § ___________.
² For ease of the reader, all further citations to the MUPC will be as follows: MUPC at § ____________.

Date published:	January 24, 2013