Kerry L. Spindler, Esq., Goulston & Storrs, PC
The Massachusetts Probate and Family Court (the “Court”) recently announced new Standing Order 5-11, providing guidance as to application of the MUPC’s estate administration and trust provisions to proceedings pending before the Court after January 2, 2012, the MUPC effective date. A proceeding is “pending” if a petition was docketed, filed or date stamped as received by a Probate and Family Court on or before December 30, 2011 and where (i) a permanent decree has not entered, or (ii) a permanent decree has entered but other proceedings may be pending in the matter. The proceedings addressed in the Standing Order include:
- Citations
- Probate and administration decrees
- Petitions to establish a testamentary trust or to fill a vacancy in a previously established testamentary trust
- Petition for license to sell
- Other petitions
- Allowance of accounts
- Voluntary administration
- Appointment of certain fiduciaries
The Standing Order also provides that “all fiduciaries, including trustees, shall continue to have the obligations of their pre-MUPC bonds unless modified by petition after January 2, 2012”. This suggests that a fiduciary acting under a pre-MUPC bond may submit a petition to modify the bond and request access to the more flexible MUPC procedures. However, as previously reported, the MUPC technical corrections legislation, which would eliminate the ambiguity in the MUPC’s “effective date” provisions and cause Article VII of the MUPC (and the provisions incorporated through Article VII) to apply to trusts that became irrevocable prior to January 2, 2012, has not yet been adopted. As a result, it remains unclear whether trustees of such trusts may petition to bring those trusts within the MUPC.