Maine Revised Statutes

Me. Rev. Stat. tit. 18-B, § 804 (2026)

Prudent administration

✓ current as of May 2026

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A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill and caution. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

SECTION HISTORY

PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2015–2023 · leading case: In re George Parsons 1907 Trust, 2017 ME 188 (Me. 2017).

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In re George Parsons 1907 Trust, 2017 ME 188 (Me. 2017). · cites it 3× “” 18-B M.R.S. § 804 (2016) (emphasis added).”

In re George Parsons 1907 Trust, 2017 ME 188 (Me. 2017). · cites it 2× “distributional requirements,” 18-B M.R.S. § 804 (2016), by determining, upon the death of a beneficiary, whether there are any new beneficiaries and who those beneficiaries are.”

Martin v. Harris (Me. Super. Ct 2015). · cites it 2× “8 The Trust Code provides, "A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements and other circumstances of the trust.”

Poor v. Lindell (Me. Super. Ct 2023). “18-B M.R.S. § 804. The Trust Code imposes on trustees with special skills, such as institutional trustees, the duty to use those special skills or expertise to administer the trust.”

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