The Maryland Trust Act: The Fate of the Unknowledgeable Beneficiary

When adopting its version of the Uniform Trust Code (the UTC ), Maryland made two modifications to the UTC that potentially reduced the ability of trust beneficiaries to enforce their rights. First, the Maryland Trust Act ( MTA ) did not include the UTC requirement that a trustee shall keep beneficiaries reasonably informed about the administration of the trust and of material facts necessary to protect their interests regardless of whether the beneficiary requests such information. Second, Maryland added to the “virtual representation” provisions of the MTA that a settlor can designate a representative regardless of the beneficiary\u27s age or capacity to receive notice and provide consent on behalf of the beneficiary. These provisions taken together could significantly impair a beneficiary\u27s ability to enforce a trust. This article examines the implications of this shift away from a well-informed beneficiary including whether it defeats the purpose of a trust, accomplishes its stated goal, and whether these sections successfully abrogate the common law