18-C §2-701. Scope
§2-701. Scope In the absence of a finding of a contrary intention, the rules of construction in this Part control the construction of a governing instrument. The rules of construction in this Part apply to a governing instrument of any type, except as the application of a particular section is limited by its terms to […]
18-C §2-806. Modification to achieve transferor’s tax objectives
§2-806. Modification to achieve transferor’s tax objectives To achieve the transferor’s tax objectives, the court may modify the terms of a governing instrument in a manner that is not contrary to the transferor’s probable intention. The court may provide that the modification has retroactive effect. [PL 2017, c. 402, Pt. A, §2 (NEW); PL […]
18-C §2-702. Requirement of survival by 120 hours
§2-702. Requirement of survival by 120 hours 1. Requirement of survival by 120 hours under Code. For the purposes of this Code, except as provided in subsection 4, an individual who has not been established by clear and convincing evidence to have survived an event, including the death of another individual, by 120 hours is […]
18-C §2-807. Actions for wrongful death
§2-807. Actions for wrongful death 1. Liability notwithstanding death. Whenever the death of a person is caused by a wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then […]
18-C §2-703. Choice of law as to meaning and effect of governing instrument
§2-703. Choice of law as to meaning and effect of governing instrument The meaning and legal effect of a governing instrument is determined by the local law of the state selected in the governing instrument, unless the application of that law is contrary to the provisions relating to the elective share described in Part 2, […]
18-C §2-901. Short title
§2-901. Short title This Part may be known and cited as “the Uniform Disclaimer of Property Interests Act.” [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, […]
18-C §2-514. Disposition of will deposited with court
§2-514. Disposition of will deposited with court A will deposited for safekeeping with the court in the office of the register before September 19, 1997 may be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator may be allowed to examine a […]
18-C §2-515. Duty of custodian of will; liability
§2-515. Duty of custodian of will; liability After the death of a testator, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate or, if no such person is known, to an appropriate court for filing and recording until probate is […]
18-C §2-516. Penalty clause for contest
§2-516. Penalty clause for contest A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION […]
18-C §2-517. Statutory wills
§2-517. Statutory wills 1. Form. Any person may execute a will on the following form, and the will must be presumed to be reasonable. This section does not limit any spousal rights, rights to exempt property or other rights set forth elsewhere in this Code. Maine Statutory Will NOTICE TO THE PERSON WHO SIGNS […]