§ 401 Methods of creating trust
§ 402 Requirements for creation
§ 403 Trusts created in other jurisdictions
§ 404 Trust purposes
§ 405 Charitable purposes; enforcement
§ 406 Creation of trust induced by fraud, duress or undue influence
§ 407 Evidence of oral trust
§ 408 Trust for care of animal
§ 409 Noncharitable trust without ascertainable beneficiary
§ 410 Modification or termination of trust; proceedings for approval or disapproval
§ 411 Modification or termination of noncharitable irrevocable trust by consent
§ 412 Modification or termination because of unanticipated circumstances or inability to administer trust effectively
§ 413 Cy pres
§ 414 Modification or termination of uneconomic trust
§ 415 Reformation to correct mistakes
§ 416 Modification to achieve settlor’s tax objectives
§ 417 Combination and division of trusts

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Terms Used In Maine Revised Statutes > Title 18-B > Part 1 > Chapter 4 - Creation, Validity, Modification and Termination of Trust

  • Airport: means :
A. See Maine Revised Statutes Title 30-A Sec. 5401
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Coastal island: means a natural land formation protruding above the surface of and surrounded by Maine's coastal waters at mean high tide or any portion of such land formation. See Maine Revised Statutes Title 33 Sec. 1202
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Federal Government: means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America. See Maine Revised Statutes Title 30-A Sec. 2001
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Historic property: shall mean a structure, a plot of land which was the setting of an event or any combination of land and buildings, including the surrounding air space, which has a special historical, architectural or archaeological interest or value, and which is predominantly in its original, historical or natural conditions. See Maine Revised Statutes Title 33 Sec. 1551
  • Home rule authority: means the powers granted to municipalities under chapter 111; section 3001; and the Constitution of Maine, Article VIII, Part Second. See Maine Revised Statutes Title 30-A Sec. 2001
  • Improvements: means those repairs, replacements, additions, extensions and betterments of and to a revenue-producing municipal facility that the municipal officers consider necessary to place or maintain the revenue-producing municipal facility in proper condition for its safe, efficient and economic operation or to meet requirements for service in areas which may be served by the municipality and for which no existing service is being provided. See Maine Revised Statutes Title 30-A Sec. 5401
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
  • Legal instrument: includes :
  • A. See Maine Revised Statutes Title 33 Sec. 1421
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • municipal clerk: means the clerk of a municipality. See Maine Revised Statutes Title 30-A Sec. 2001
  • Municipal officers: means :
  • A. See Maine Revised Statutes Title 30-A Sec. 2001
  • Municipal official: means any elected or appointed member of a municipal government. See Maine Revised Statutes Title 30-A Sec. 2001
  • Municipal year: means a municipality's fiscal year as determined by the municipal officers under section 5651. See Maine Revised Statutes Title 30-A Sec. 2001
  • Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001
  • Owner: means any person, corporation, partnership, organization or other legal entity, including a municipality, county or other political subdivision of the State, an agency of the Federal Government and any quasi-governmental entity, which owns or controls historic property. See Maine Revised Statutes Title 33 Sec. 1551
  • Parking facility: means any land or any interest in land, structure or portions of structures, and improvements on land or structures intended for the off-street parking of motor vehicles by the public for a fee. See Maine Revised Statutes Title 30-A Sec. 5401
  • Parking system: means any parking facility, together with any public way or public parking area designated by the municipal officers as constituting part of that system on which parking meters have been or may be installed or from which fees or charges have been or may be collected for the parking of vehicles. See Maine Revised Statutes Title 30-A Sec. 5401
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001
  • Person: shall include individuals, partnerships, corporations, municipalities and other legal entities but shall not include the State and its agencies or the Federal Government. See Maine Revised Statutes Title 33 Sec. 1202
  • Personal property: All property that is not real property.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Preservation agreement: shall mean any deed, will or other instrument executed by or on behalf of the owner of historic property, or an order of taking, which includes within it the terms of a preservation interest. See Maine Revised Statutes Title 33 Sec. 1551
  • Preservation interest: shall mean a right created by a preservation agreement which may be in the form of a restriction, easement, covenant or condition which is held by a qualified holder and which pertains to preserving or restoring historic property. See Maine Revised Statutes Title 33 Sec. 1551
  • Qualified holder: shall mean a nonprofit preservation or historical organization whose purposes include preservation of historic property or a governmental body. See Maine Revised Statutes Title 33 Sec. 1551
  • Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
  • Real estate: means land and structures attached to it. See Maine Revised Statutes Title 30-A Sec. 2001
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Residential property: means real property located in this State that is used for residential dwelling purposes. See Maine Revised Statutes Title 33 Sec. 1421
  • Revenue-producing municipal facility: means :
  • A. See Maine Revised Statutes Title 30-A Sec. 5401
  • Sewage: means the water-carried wastes created in and carried or to be carried away from any structure together with any surface or ground water or household and industrial waste that is present. See Maine Revised Statutes Title 30-A Sec. 2001
  • Sewer system: includes both sewers and sewage disposal systems and all property, rights, easements and franchises relating to those sewers and sewage disposal systems. See Maine Revised Statutes Title 30-A Sec. 2001
  • Sewers: means and includes mains, pipes and laterals for the reception of sewage and carrying that sewage to an outfall or some part of a sewage disposal system, including pumping stations. See Maine Revised Statutes Title 30-A Sec. 2001
  • Sinking fund: means a fund created for the purpose of paying a debt. See Maine Revised Statutes Title 30-A Sec. 2001
  • Solar clothes-drying device: means a clothes line, drying rack or other equipment used for solar drying of clothing. See Maine Revised Statutes Title 33 Sec. 1421
  • Solar collector: means a device, structure or part of a device or structure that is designed and used to transform solar energy into thermal, chemical or electrical energy to meet the water heating, space heating, space cooling or electricity generation requirements of one residential dwelling. See Maine Revised Statutes Title 33 Sec. 1421
  • Solar energy device: means a solar collector or solar clothes-drying device. See Maine Revised Statutes Title 33 Sec. 1421
  • Statute: A law passed by a legislature.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
  • True owner: means a person who holds title to a coastal island which is:
  • A. See Maine Revised Statutes Title 33 Sec. 1202
  • Trustee: A person or institution holding and administering property in trust.
  • Water system: means all plants, systems, facilities or properties used or useful or having the present capacity for future use in connection with the supply or distribution of water. See Maine Revised Statutes Title 30-A Sec. 5401