The Impact Of The Massachusetts Uniform Probate Code On Trust Administration

The Massachusetts Uniform Probate Code (the "MUPC") became fully effective on March 31, 2012.  Article VII of the MUPC governs certain aspects of trust administration.  A bill to enact the Massachusetts Uniform Trust Code (the "MUTC"), which will repeal Article VII of the MUPC, is pending before the legislature.  The MUTC contains provisions that give trustees more flexibility in administering trusts, reduce the necessity for court intervention and clarify the rights of the trust beneficiaries.  Until it is enacted, however, Article VII of the MUPC is in effect.  While some of provisions of the MUPC will only apply to trusts that become irrevocable after March 31, 2012, certain administrative provisions likely also apply to trusts irrevocable prior to that date.