Section 409
Except as otherwise provided in section 408, or by another general or special law, the following rules shall apply:
- (1) A trust may be created for a non-charitable purpose without a definite or definitely ascertainable beneficiary or for a non-charitable but otherwise valid purpose to be selected by the trustee.
- (2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court.
- (3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Property not required for the intended use shall be distributed to the settlor, if then living, otherwise to the settlor's successors in interest, unless the terms of the trust provide otherwise.
Procedural advisory commentary (2013)
Section 409 now authorizes “purpose trusts”. A purpose trust has no named beneficiaries, but instead serves to further one or more valid purposes of the settlor.
A trust authorized by § 409 may be enforced by a person appointed by the terms of the trust, or if no person is appointed by the trust instrument, by a person appointed by the court. See MUTC at § 409(2).
Form update
To request the appointment of a trustee to fill a vacancy in the trust instrument, a Petition for Resignation/Removal/Appointment of Successor Trustee (MPC 266) and a proposed Decree and Order on Petition for Resignation/Removal/Appointment of Successor Trustee (MPC 782) may be filed. See § 704 of the MUTC. Notice shall be as provided in § 109 of the MUTC.
Practice note
To request the appointment of an individual to enforce a trust under § 409(2), a General Trust Petition (MPC 201) and a proposed Decree and Order of General Probate/Trust Petition (MPC 792) may be filed. Notice shall be as provided in § 109 of the MUTC.