Section 201
(a)
The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.
(b)
A trust shall not be subject to continuing judicial supervision unless ordered by the court.
(c)
A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions and an action to declare rights.
(d)
A proceeding brought under this chapter in the probate and family court department of the trial court to appoint or remove a trustee, to approve the resignation of a trustee, to review and settle accounts of a trustee or concerning any other matter relating to the administration of a trust may be initiated by filing a petition and giving notice to interested parties, as provided in section 109. A decree or judgment shall be valid only to those who are given notice of the proceeding.
Procedural advisory commentary (2013)
A proceeding brought under the MUTC in the Probate and Family Court to appoint or remove a trustee, to approve a resignation of a trustee, to review and settle accounts of a trustee, or concerning any other matter relating to the administration of a trust may be initiated by filing a petition and giving notice to interested persons as provided in § 109. See MUTC at § 201(d).
Form update
For proceedings brought under the MUTC, a General Trust Petition (MPC 201), revised and dated 1/16/13, may be used to initiate an action unless a specific form has been approved and promulgated by the Probate and Family Court. See G. L. c. 215, § 30.
The following specific forms have been created for proceedings under the MUTC:
- Statement of Confirmation of a Testamentary Trustee (MPC 275) New
- Bond (MPC 801), dated 10/23/12
- General Trust Petition for Appointment of a Guardian ad Litem (MPC 351) New
- Decree and Order on General Trust Petition Appointing a Guardian ad Litem (MPC 777) New
- Petition for Allowance of Account (MPC 857), revised and dated 1/16/13
- Decree and Order of Allowance of Account (MPC 791) revised and dated 1/16/13
- Trust Account (MPC 859)
- Petition to Modify Bond (MPC 295), revised and dated 1/16/13
- Decree and Order to Modify Bond (MPC 776), revised and dated 1/16/13
- Petition for Resignation/Removal/Appointment of Successor Trustee (MPC 266) New
- Decree and Order on Petition for Resignation/Removal/Appointment of Success or Trustee (MPC 782) New
- Petition to Terminate a Trust (MPC 267) New
- Decree and Order to Terminate a Trust (MPC 783) New
The following specific form has been replaced by the new Statement of Confirmation of a Testamentary Trustee (MPC 275) and will no longer be accepted for filing after January 24, 2013:
- Petition for Appointment of Testamentary Trustee (MPC 275)
Notice under the MUTC
(A) Notice by citation
Notice of proceedings under the MUTC brought by petition in the Probate and Family Court shall be given as provided in § 1-401 of the MUPC. See MUTC at § 109(d). Section 1-401 of the MUPC requires the Probate and Family Court to fix a return date and issue a citation. See Rule 6 of the Supplemental Rules of the Probate and Family Court.
The petitioner shall be responsible for providing notice to all interested persons. See MUPC at § 1-401(a). The MUTC however does not define “interested person”. The MUPC may provide guidance, as the MUPC definition includes beneficiaries and others having a property right in or claims against a trust estate, as well as fiduciaries representing interested persons. See MUPC at § 1-201 (24). The petitioner remains responsible for identifying persons interested in a trust proceeding. Failure to notify proper parties may result in a final decree/judgment being vacated. See MUTC at § 201(d).
Form update: A general trust citation has been created for use with most trust petitions and will issue from the court, if requested. The fee for a citation is an additional $15.00.
(B) Representation
Like the MUPC, the MUTC provides for representation by others for notice and consent purposes in both non-judicial (e.g., out of court settlements) and judicial proceedings. See MUTC at §§ 301-304.
1. Representation by fiduciaries and parents
Section 303 provides:
To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:
- (1) a conservator may represent and bind the estate that the conservator controls;
- (2) a guardian may represent and bind the ward or protected person if a conservator has not been appointed;
- (3) an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;
- (4) a trustee may represent and bind the beneficiaries of the trust;
- (5) a personal representative of the decedent’s estate may represent and bind persons interested in the estate; and
- (6) a parent may represent and bind the parent’s minor or unborn child if a conservator or guardian for the child has not been appointed.
MUTC at § 303 (Emphasis added).
2. Representation by a person having substantially identical interest
Section 304 provides:
Unless otherwise represented, a minor, incapacitated or unborn individual, or person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented.
MUTC at § 304 (Emphasis added).
Practice alert
A determination of whether or not there is adequate representation is one made by the court. A request to accept such representation in lieu of the appointment of a guardian ad litem (“GAL”), for notice purposes, may be requested by filing a motion and affidavit prior to the appointment of a GAL.
(C) Waiver of notice
The notice required in any proceeding in the Probate and Family Court may be dispensed with if all parties entitled thereto assent in writing to such proceeding or waive notice. See G. L. c. 215, § 47.
Contesting a Trust Petition
Any party to a formal proceeding, who opposes the proceeding, shall before 10:00 a.m. of the return date enter a Notice of Appearance and Objection in writing. See Notice of Appearance and Objection form (MPC 505a).
Practice alert
Objecting to a formal petition is time sensitive and requires two steps: (1) filing a written Notice of Appearance and Objection before 10:00 a.m. of the return date and (2) filing a written affidavit of objections within 30 days after the return date. Copies of both the Notice of Appearance and Objection and the written affidavit of objections must be sent to the petitioner and all interested persons.
Equitable relief
If applicable, equitable and declaratory relief continue to be available in the Probate and Family Court under G. L. c. 215, § 6 or G. L. c. 231A. These proceedings shall continue to be governed by the Massachusetts Rules of Civil Procedure.