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Section 14.5-601 – Capacity of Settlor

    (a)    The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.     (b)    Nothing in this section shall be construed to prohibit the creation of a revocable trust if that creation is […]

Section 14.5-602 – Revocation or Amendment of Trusts

    (a)    (1)    Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust.         (2)    This subsection does not apply to a trust created under an instrument executed before January 1, 2015.     (b)    If a revocable trust is created or funded by more than one settlor:         (1)    To the extent the […]

Section 14.5-603 – Rights of Beneficiaries Subject to Control of Settlor

    (a)    Except as provided in subsection (b) of this section, while a trust is revocable, rights of the beneficiaries are subject to the control of the settlor and the duties of the trustee are owed exclusively to the settlor.     (b)    While a trust is revocable and a settlor does not have the capacity to revoke the trust, […]

Section 14.5-604 – Partial Revocation by Divorce or Annulment

    (a)    This section applies:         (1)    (i)    With respect to a final judgment of absolute divorce of the settlor and the settlor’s spouse, if the final judgment was entered into on or after October 1, 2016; or             (ii)    With respect to an annulment of the marriage, if the annulment occurred on or after October 1, 2016; and         (2)    Unless otherwise expressly […]

Section 14.5-605 – Limitation for Contesting Validity of Revocable Trust

    A person shall commence a judicial proceeding to contest the validity of a trust that was revocable at the death of the settlor within the earliest of:         (1)    1 year after the death of the settlor; or         (2)    6 months after the trustee sends the person a copy of the trust instrument and a notice informing the […]

Section 14.5-606 – Treatment of Property or Benefits After Filing of Election

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Estate subject to election” has the meaning stated in § 3–401 of this article.         (3)    “Spousal benefits” has the meaning stated in § 3–401 of this article.     (b)    After the filing of an election to take an elective share under § 3–403 of this article becomes final: […]