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

Mass. Gen. Laws ch. 203E, § 701 (2026)

Accepting or declining trusteeship

✓ current as of July 2026
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Section 701. Accepting or declining trusteeship

(a) Except as otherwise provided in subsection (c), a person designated as trustee shall accept the trusteeship:

(1) by substantially complying with a method of acceptance provided in the terms of the trust; or

(2) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee or otherwise indicating acceptance of the trusteeship.

(b) A person designated as trustee who has not yet accepted the trusteeship may reject the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable time after knowing of the designation shall be deemed to have rejected the trusteeship.

(c) A person designated as trustee without accepting the trusteeship may:

(1) act to preserve the trust property if, within a reasonable time after acting, the person sends a rejection of the trusteeship to the settlor or, if the settlor is dead or lacks capacity, to a qualified beneficiary; and

(2) inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2020–2023 · leading case: LOUIS M. CAPUTO, JR., Tr., & another v. KAREN M. MOULTON & others., 102 Mass. App. Ct. 251 (Mass. App. Ct. 2023).
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LOUIS M. CAPUTO, JR., Tr., & another v. KAREN M. MOULTON & others., 102 Mass. App. Ct. 251 (Mass. App. Ct. 2023). “A person may decline to accept appointment as a trustee, G. L. c. 203E, § 701; may in certain circumstances be removed as trustee by a judge, either after a request by the beneficiaries or on the judge's own initiative, G.”
Mackey v. Santander Bank, N.A. (Mass. App. Ct. 2020). “This rule, which has since been codified at G. L. c. 203E, § 701 (b),12 is based in sound public policy.”
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