Mass. Gen. Laws » Part II Title II Chapter 203E
Massachusetts General Laws

Mass. Gen. Laws ch. 203E, § 410 (2026)

Modification or termination of trust; proceedings for approval or disapproval

✓ current as of July 2026
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Section 410. Modification or termination of trust; proceedings for approval or disapproval

(a) In addition to the methods of termination prescribed by sections 411 to 414, inclusive, a trust shall terminate if it is revoked or expires under its terms, no purpose of the trust remains to be achieved or the purposes of the trust have become unlawful, contrary to public policy or impossible to achieve.

(b) A proceeding to approve or disapprove a proposed modification or termination under sections 411 to 416, inclusive, or a trust combination or division under section 417, may be commenced by a trustee or beneficiary and a proceeding to approve or disapprove a proposed modification or termination under section 411 may be commenced by the settlor.

Notes of Decisions
Cited in 2 cases, 2017–2019 · leading case: In re Macmackin Nominee Realty Trust, 122 N.E.3d 1 (Mass. App. Ct. 2019).
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In re Macmackin Nominee Realty Trust, 122 N.E.3d 1 (Mass. App. Ct. 2019). “See G. L. c. 203E, §§ 410 - 412, 414. Although the MUTC states the general rule that the terms of a trust prevail over any provision of the MUTC, a specific exception to that rule is "the power of the court to modify or terminate a trust under sections 410 to 416, inclusive.”
Passero v. Fitzsimmons, 92 Mass. App. Ct. 76 (Mass. App. Ct. 2017). “See G. L. c. 203E, §§ 410– 415. Accordingly, we vacate the judgment as to the appointment of the successor trustees and the order requiring distributions, and remand for appointment of an independent trustee, who shall have the discretion to make distributions in accordance with…”
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