Maine Revised Statutes

Me. Rev. Stat. tit. 14, § 5956 (2026)

Rights of executor, fiduciaries and other interested persons

✓ current as of May 2026

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Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin or cestui que trust in the administration of a trust, or of the estate of a decedent, an infant, a person who is legally incompetent or a person who is insolvent may have a declaration of rights or legal relations in respect thereto: [PL 2009, c. 299, Pt. A, §2 (AMD).]

1. Ascertain class of creditors, heirs, etc. To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others; or

2. Direct fiduciary to do or not to do certain act. To direct the executors, administrators or trustees to do or abstain from doing any particular act in their fiduciary capacity; or

3. Determine questions. To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.

SECTION HISTORY

PL 2009, c. 299, Pt. A, §2 (AMD).

Notes of Decisions

Cited in 7 cases, 1969–2017 · leading case: Staples v. King, 433 A.2d 407 (Me. 1981).

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Staples v. King, 433 A.2d 407 (Me. 1981). “Therefore, the only question is whether the Probate Court, sitting as a court of equity, had the power to grant the relief that Mrs.”

In Re Est. of Cassidy, 313 A.2d 435 (Me. 1973). · cites it 2× “14 M.R.S.A. § 5956 “Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin or cestui que trust in the administration of a trust, or of the estate of a decedent, an infant, lunatic or…”

Maine Nat'l Bank v. Petrlik, 283 A.2d 660 (Me. 1971). “14 M.R.S.A. § 5956(3) and § 6051(10). The specific question is this: Do the Trustees hold the son’s entire share of the corpus in trust for the second ten year period (Plan 1), or do they pay the son one-fourth of the corpus and retain the remaining one-fourth in trust for this…”

Town of Lee v. Town of Lincoln, 351 A.2d 554 (Me. 1976). “14 M.R.S.A. § 5956, The principal question about which the parties disagreed was whether or not Mat-tanawcook Acadamy has “ceased to exist” within the “gift over” provisions of a charitable trust which presently inures to the benefit of the defendants.”

Eaton v. Miller, 250 A.2d 220 (Me. 1969). “Soon thereafter the plaintiffs, who are the testator’s cousins and heirs-at-law, brought this complaint against the defendant Miller (and another defendant who is no longer a party to this action) as authorized by 14 M.R.S.A. Section 5956 asking for the Court’s declaratory…”

Hazen v. Hazen (Me. Super. Ct 2017). “" 14 M.R.S. § 5956 (2015). Two prerequisites to the Act require (1) that the declaratory judgment will "terminate the controversy or remove an uncertainty," and (2) that "all persons shall be made parties who have or claim any interest which would be affected by the declaration…”

Seal Cove Auto Museum v. Spinnaker Trust (Me. Super. Ct 2017). “14 M.R.S. § 5956(2)-(3) (emphasis added).”

— Me. Rev. Stat. tit. 14, § 5956(2) — 1 case

Seal Cove Auto Museum v. Spinnaker Trust (Me. Super. Ct 2017). “14 M.R.S. § 5956(2)-(3) (emphasis added).”

— Me. Rev. Stat. tit. 14, § 5956(3) — 2 cases

Maine Nat'l Bank v. Petrlik, 283 A.2d 660 (Me. 1971). “14 M.R.S.A. § 5956(3) and § 6051(10). The specific question is this: Do the Trustees hold the son’s entire share of the corpus in trust for the second ten year period (Plan 1), or do they pay the son one-fourth of the corpus and retain the remaining one-fourth in trust for this…”

In Re Est. of Cassidy, 313 A.2d 435 (Me. 1973). “14 M.R.S.A. § 5956 “Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin or cestui que trust in the administration of a trust, or of the estate of a decedent, an infant, lunatic or…”

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