2017 Maryland Code
Estates and Trusts
Title 14 - Trusts
Subtitle 4 - Maryland Discretionary Trust Act
§ 14-407. Forms

  • (a) Transfers. -- The following form may be used to create a trust by transfer:

    "Transfer Under the Maryland Discretionary Trust Act

    • A. I, ____ (name of transferor or name of representative capacity if a

      fiduciary), transfer the property described in paragraph D to the trustee

      named in paragraph B, and such trustee's successors, to be held in trust under

      the Maryland Discretionary Trust Act by the trustee for the benefit of the

      beneficiary named in paragraph C.

    • B. 1. The trustee shall be ____.

      (name one or more)

      • 2. At any time when the trustee is unable to serve as trustee, the

        following persons shall succeed as trustee in the order named (specify who

        replaces whom for multiple trustees):

        • i. ____
        • ii. ____
        • iii. ____.
    • C. The beneficiary shall be____

      (name one only)

    • D. The trust property shall be:
      • 1. ____ ____
      • 2. ____ ____
    • E. The trust shall terminate upon the first to occur of (check those

      applicable):

      • 1. ____ the death of the beneficiary
      • 2. ____ the following date:____
      • 3. ____ the following event:____

        ____ .

    • F. Upon termination, the remaining trust property shall be distributed

      to____ .

      (name person or persons)

    • G. Revocability (check one):
      • 1. ____ The transferor may revoke this trust.
      • 2. ____ The transferor may not revoke this trust.

        Signature of transferor____

        Date of execution____

        Signature of witness____

        Date:____

        Name of attorney preparing this statement of

        transfer:

        ____

        State of Maryland, ____ : ss

        I hereby certify that on ____ (fill in date) before me, a notary

        public of the State of Maryland, personally appeared ____ (name of

        transferor) known to me, or satisfactorily proven, to be the person whose name

        is subscribed to the within instrument and who acknowledges that he/she

        (strike one) executed the same for the purposes therein contained.

        Witness my hand and Notarial Seal.

        ____

        Notary Public

        My commission expires: ____."

  • (b) Declarations. -- The following form may be used to create a trust by

    declaration:

    "Declaration of Trust Under the Maryland Discretionary Trust Act

    • A. I, ____ (name of property owner) declare that henceforth I as

      trustee will hold the property described in paragraph D in trust under the

      Maryland Discretionary Trust Act for the benefit of the beneficiary named in

      paragraph C.

    • B. 1. At any time when I am unable to serve as trustee, the trustee

      shall be: ____

      (name one or more)

      • 2. At any time when the trustee who succeeds me is unable to serve as

        trustee, the following persons shall succeed as trustee in the order named

        (specify who replaces whom for multiple trustees):

        • i. ____
        • ii. ____
        • iii. ____.
    • C. The beneficiary shall be ____.
    • D. The trust property shall be:
      • 1. ____ ____
      • 2. ____ ____ .
    • E. The trust shall terminate upon the first to occur of (check those

      applicable):

      • 1. ____ The death of the beneficiary
      • 2. ____ The following date:____
      • 3. ____ The following event:____

        ____ .

    • F. Upon termination, the remaining trust property shall be distributed to

      ____ .

      (name person or persons)

    • G. Revocability (check one):
      • 1. ____ The declarant may revoke this trust.
      • 2. ____ The declarant may not revoke this trust.

        Signature of declarant____

        Date of execution____

        Signature of witness____

        Date____

        Name of attorney preparing this declaration:

        ____

        State of Maryland, ____ : ss

        I hereby certify that on ____ (fill in date) before me, a notary

        public of the State of Maryland, personally appeared ____ (name of declarant)

        known to me, or satisfactorily proven, to be the person whose name is

        subscribed to the within instrument and who acknowledges that he/she (strike

        • one) executed the same for the purposes therein contained.

          Witness my hand and Notarial Seal.

          ____

          Notary Public

          My commission expires: ____."

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