Maryland § 14-612
Full text of Maryland Maryland Code § 14-612, with citation guidance and answers to common questions.
§ 14-612.
(a) An authorized fiduciary may not exercise the decanting power to the extent that the first trust instrument expressly prohibits exercise of:
(1) The decanting power; or
(2) A power granted by State law to the fiduciary to distribute all or part of the trust to another trust or to modify the trust.
(b) Exercise of the decanting power is subject to any restriction in the first trust instrument that expressly applies to exercise of:
(1) The decanting power; or
(2) A power granted by State law to the fiduciary to distribute all or part of the trust to another trust or to modify the trust.
(c) Exercise of the decanting power is not prohibited by:
(1) A general prohibition of the amendment or revocation of a first trust;
(2) A spendthrift clause; or
(3) A clause restraining the voluntary or involuntary transfer of a beneficiary’s interest.
(d) Subject to subsections (a) and (b) of this section, an authorized fiduciary may exercise the decanting power even if the first trust instrument allows the authorized fiduciary or another person to modify the first trust instrument or to distribute part or all of the principal of the first trust to another trust.
(e) If a first trust instrument contains an express prohibition or restriction described in subsection (a) or (b) of this section, the same prohibition or restriction shall be included in any second trust instrument.
Frequently Asked Questions About Maryland § 14-612
What does Maryland Code § 14-612 cover?
Section 14-612 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maryland § 14-612?
A common citation format is "Maryland Code § 14-612" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maryland law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.
How does Maryland § 14-612 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.