Skip to main content
Find a Lawyer

Maryland Code, Estates and Trusts § 14.5-415

Current as of January 01, 2025 | Updated by Findlaw Staff

(a)(1) Subject to the provisions of paragraph (2) of this subsection, on petition by a trustee, personal representative, beneficiary, or party in interest, after notice as the court may direct to the trustees, personal representatives, beneficiaries, and parties in interest, and for good cause shown, a court may:

(i) Divide a trust into two or more separate trusts; or

(ii) Consolidate two or more trusts into a single trust.

(2) A court may divide a trust or consolidate trusts:

(i) On terms and conditions as the court considers appropriate; and

(ii) If the court is satisfied that a division of a trust or consolidation of trusts will not defeat or materially impair:

1. The accomplishment of trust purposes; or

2. The interests of the beneficiaries.

(3) A court may pass orders that the court considers proper or necessary to protect the interests of:

(i) A trustee;

(ii) A personal representative;

(iii) A beneficiary; or

(iv) A party in interest.

(b) Subsection (a) of this section may not be construed to limit the right of a trustee or personal representative to divide a trust or consolidate trusts, without an order of a court, in accordance with the applicable provisions of the governing instrument.

(c)(1) Subject to the provisions of paragraphs (2) and (3) of this subsection, if a trust instrument does not provide for the consolidation or division of a trust, a trustee may, without an order of a court:

(i) Divide a trust into two or more separate trusts; or

(ii) Consolidate two or more trusts into a single trust.

(2) A trustee may not divide a trust into two or more separate trusts or consolidate two or more trusts into a single trust if a beneficiary objects in writing within 30 days after the trustee provided notice under § 14.5-109 of this title.

(3) A trustee may divide a trust or consolidate trusts:

(i) On terms and conditions as the trustee considers appropriate;

(ii) If the division of a trust or consolidation of a trust grants beneficial interests to the beneficiaries that, in the aggregate, are substantially similar to the interests the beneficiaries had before the division of the trust or consolidation of the trust; and

(iii) If the trustee is satisfied that a division of a trust or consolidation of trusts will not defeat or materially impair:

1. The accomplishment of trust purposes; or

2. The interests of the beneficiaries.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Maryland Code, Estates and Trusts § 14.5-415 - last updated January 01, 2025 | https://codes.findlaw.com/md/estates-and-trusts/md-code-est-and-trst-sect-14-5-415/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard