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H. The Subject to subsection 3, the duty under section 813, | | subsection 2, paragraphs B and C to notify qualified | | beneficiaries of an irrevocable trust who have attained 25 | | years of age of the existence of the trust, of the identity of | | the trustee and of their right to request trustee's reports; |
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| | I. The Subject to subsection 3, the duty under section 813, | | subsection 1 to respond to the request of a qualified | | beneficiary of an irrevocable trust for trustee's reports | | and other information reasonably related to the | | administration of a trust; |
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| | | Sec. 6. 18-B MRSA §105, sub-§3 is enacted to read: |
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| | | 3.__Waiver or modification.__The settlor, in the trust | | instrument or in another writing delivered to the trustee, may | | waive or modify the duties of a trustee under section 813, | | subsection 1 or 2 to give notice, information and reports to | | qualified beneficiaries by: |
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| | | A.__Waiving or modifying such duties as to all qualified | | beneficiaries except the settlor's surviving spouse during | | the lifetime of the settlor or the lifetime of the settlor's | | surviving spouse; and |
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| | | B.__Designating a person or persons, any of whom may or may | | not be a beneficiary, to act in good faith to protect the | | interests of the qualified beneficiaries who are not | | receiving notice, information or reports and to receive any | | notice, information or reports required under section 813, | | subsection 1 or 2 in lieu of providing such notice, | | information or reports to the qualified beneficiaries.__The | | person or persons designated under this paragraph are deemed | | to be representatives of the qualified beneficiaries not | | receiving notice, information or reports for the purposes of | | the time limitation for a beneficiary to commence an action | | against the trustee for breach of trust as provided in | | section 1005, subsection 1. |
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| | | Sec. 7. 18-B MRSA §110, as enacted by PL 2003, c. 618, Pt. A, §1 | | and affected by §2, is amended to read: |
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| | | §110. Others treated as qualified beneficiaries |
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| | | 1. Charitable organization or person to enforce trust. A | | charitable organization expressly designated to receive | distributions under the terms of a charitable trust or a person |
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