Brad Bedingfield, Esq., Wilmer Cutler Pickering Hale and Dorr LLP
As discussed here, on October 19, 2011, the Massachusetts Uniform Trust Code (MUTC) (formerly H. 2261 and S. 688, now H. 3780 and S. 2034) was reported favorably from the Joint Committee on the Judiciary. On October 31, it was reported from the House Committee on Ways and Means, and on November 1 passed the House.
For those of you who have contacted your representatives to urge passage of the MUTC, thank you for your support. However, we’re not there yet. Please ask your representatives in the Senate to send the MUTC to the Governor’s desk. As discussed here, the trust law provisions of the Massachusetts Uniform Probate Code (MUPC) are scheduled to take effect on January 2, 2012. It is vital that the MUTC, which has an effective date of January 2, 2012, is signed as soon as possible, to avoid a scenario whereby courts, practitioners, trustees and beneficiaries must grapple with multiple disparate bodies of trust law in succession.
In addition, the Massachusetts Uniform Probate Code (MUPC) technical corrections bill (S. 704) has not yet passed the House or the Senate. The Boston Bar Association is working closely with representatives to encourage passage of both the MUTC and the MUPC technical corrections bill as soon as possible. Please contact your representatives and urge them to push this bill through as well.
Thank you for your support.
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