Maine: Trustee Notice to Beneficiaries Requirements

Requirements one by one

Maine uses two 60-day clocks

18-B M.R.S. § 813(2)(B) starts the acceptance clock when the trustee accepts the
trusteeship. That notice states the acceptance and gives the trustee's name, address,
and telephone number.

Paragraph (2)(C) starts the other clock when the trustee acquires knowledge that an
irrevocable trust was created or that a formerly revocable trust became irrevocable,
whether by the settlor's death or otherwise. That notice states the trust's existence,
identifies the settlor or settlors, and describes the rights to request the trust
instrument and a trustee's report.

The default class excludes remote contingent interests

Section 103(12) uses the current, next-line, and termination distribution horizons and
requires the beneficiary to be living. Maine then excludes a contingent distributee or
permissible distributee whose interest is not reasonably expected to vest.

That final sentence can narrow the default recipient list even when a remote person
would fit a literal termination scenario in another UTC state.

Age 25 defines the protected floor

Section 105(2)(H) protects a core notice duty for current beneficiaries age 25 or
older. The protection covers the trust's existence, trustee identity, and report-
request right.

The default § 813 notices remain broader: they name qualified beneficiaries without
an age limit. Trust terms therefore matter for recipients outside the mandatory
current-beneficiary age-25 floor.

Maine has a special settlor-waiver framework

Section 105(3) expressly makes the mandatory provisions subject to two statutory
routes. The settlor may waive or modify duties for all qualified beneficiaries except
the surviving spouse during the settlor's or surviving spouse's lifetime.

For current beneficiaries whose rights are altered, the settlor may designate one or
more people to act in good faith for them and receive required notices, information,
and reports in their place. The designated person is also treated as their
representative for § 1005's breach-of-trust limitation rule.

Lifetime incapacity uses a separate preference list

During the settlor's lifetime, § 813(6) makes duties under the section run exclusively
to the settlor even if the settlor lacks capacity. The incapacity list proceeds from a
trust-designated recipient to spouse or registered domestic partner, durable-power-of-
attorney agent, conservator, and guardian; qualified beneficiaries are the fallback if
none exists.

What trips people up

• “Mandatory” does not mean no waiver is possible. Section 105(2)(H) is
  expressly subject to subsection 3's surviving-spouse and designated-representative
  routes.
• Not every remote contingent taker is qualified. The interest must be reasonably
  expected to vest.
• Annual reports do not automatically go to every qualified beneficiary. Section
  813(3) names distributees or permissible distributees and other qualified
  beneficiaries who request a report.
• The cutoff date is event-specific. The notices apply only to post-July 1, 2005
  acceptance, creation, or irrevocability events.

Common questions

Must the full trust instrument accompany the notice?

No. The irrevocability notice states the right to request it. Section 813(2)(A)
requires a prompt copy when a beneficiary requests one.

May a beneficiary waive notice or information personally?

Yes. Section 109(3) permits the person entitled to notice to waive it. Section 813(4)
separately permits waiver of reports or other information and allows withdrawal for
future reports and information.

Must the notice use certified mail?

No. Section 109(1) lists first-class mail, personal or last-known-address delivery,
and a properly directed electronic message as examples. The standard is a reasonably
suitable method likely to result in receipt.

Does the notice need a trustee signature or sworn proof of service?

The cited initial-notice and delivery provisions require neither. They state the
contents and delivery standard without a signature, notarization, adult-server,
penalty-of-perjury declaration, or proof-of-service certificate.

Statutes and sources

• 18-B M.R.S. § 813(1)-(6) — two initial notices, contents, reports, beneficiary
  waiver, pre-2005 exclusions, and lifetime-settlor hierarchy. Maine
  Legislature
  (accessed 2026-07-31).
• 18-B M.R.S. § 103(12) — qualified-beneficiary horizons and remote-contingency
  exclusion. Maine
  Legislature
  (accessed 2026-07-31).
• 18-B M.R.S. § 105(1), (2)(H)-(I), (3) — trust-term control, age-25 floor,
  settlor waiver, and designated representative. Maine
  Legislature
  (accessed 2026-07-31).
• 18-B M.R.S. § 109(1)-(3) — delivery, unknown recipients, and personal waiver.
  Maine Legislature
  (accessed 2026-07-31).
• 18-B M.R.S. § 301(1) — representation effect. Maine
  Legislature
  (accessed 2026-07-31).