Urgent Alert: We Need Your Help – Massachusetts Uniform Trust Code and Massachusetts Uniform Probate Code Technical Corrections

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Author:
Kelly Aylward, Esq., Bove & Langa, P.C.

As discussed here, on November 1, 2011, the Massachusetts Uniform Trust Code (“MUTC”) (now H.3780/S.2034) was passed by the House and was referred to the Senate Ways and Means Committee. The next step is for the Senate Ways and Means Committee to report the bill out for a vote by the Senate. Because the Senate is now in “informal session”, which is only open for the next three weeks, a unanimous vote by the Senate is required for this bill to pass in time to become effective on January 2, 1012 [the date that the trust provisions of the Massachusetts Uniform Probate Code (“MUPC”) become effective]. This is where you can help.

Please contact your representatives in the Senate and urge them to send the MUTC to the Governor’s desk. As discussed here, it is vital that the MUTC pass in time to become effective on the same day as the trust provisions of the MUPC to avoid a scenario whereby courts, practitioners, trustees, and beneficiaries must grapple with multiple disparate bodies of trust law in succession.

In addition, the technical corrections to the MUPC (bill S.704) is still before the Joint Committee on the Judiciary and has not passed the House or the Senate. We ask that you also urge your representatives to encourage the passage of the technical corrections.

As the Boston Bar Association continues to work closely with representatives and senators to encourage the passage of both the MUTC and the technical corrections to the MUPC, we would appreciate your assistance in contacting your representatives and senators to move this process along as quickly as possible. We have attached an updated template letter here for your consideration.

To identify your representatives, and for contact information, please visit here.

Thank you for your continued support.