Md. Code, Estates and Trusts § 14-612
This is the official text of Md. Code, Estates and Trusts § 14-612, part of Maryland’s Code, Estates and Trusts — governs wills, trusts, and probate.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§14–612.
Official statutory text
(a) An authorized fiduciary may not exercise the decanting power to the extent that the first trust instrument expressly prohibits exercise of:
(1) The decanting power; or
(2) A power granted by State law to the fiduciary to distribute all or part of the trust to another trust or to modify the trust.
(b) Exercise of the decanting power is subject to any restriction in the first trust instrument that expressly applies to exercise of:
(1) The decanting power; or
(2) A power granted by State law to the fiduciary to distribute all or part of the trust to another trust or to modify the trust.
(c) Exercise of the decanting power is not prohibited by:
(1) A general prohibition of the amendment or revocation of a first trust;
(2) A spendthrift clause; or
(3) A clause restraining the voluntary or involuntary transfer of a beneficiary’s interest.
(d) Subject to subsections (a) and (b) of this section, an authorized fiduciary may exercise the decanting power even if the first trust instrument allows the authorized fiduciary or another person to modify the first trust instrument or to distribute part or all of the principal of the first trust to another trust.
(e) If a first trust instrument contains an express prohibition or restriction described in subsection (a) or (b) of this section, the same prohibition or restriction shall be included in any second trust instrument.
(1) The decanting power; or
(2) A power granted by State law to the fiduciary to distribute all or part of the trust to another trust or to modify the trust.
(b) Exercise of the decanting power is subject to any restriction in the first trust instrument that expressly applies to exercise of:
(1) The decanting power; or
(2) A power granted by State law to the fiduciary to distribute all or part of the trust to another trust or to modify the trust.
(c) Exercise of the decanting power is not prohibited by:
(1) A general prohibition of the amendment or revocation of a first trust;
(2) A spendthrift clause; or
(3) A clause restraining the voluntary or involuntary transfer of a beneficiary’s interest.
(d) Subject to subsections (a) and (b) of this section, an authorized fiduciary may exercise the decanting power even if the first trust instrument allows the authorized fiduciary or another person to modify the first trust instrument or to distribute part or all of the principal of the first trust to another trust.
(e) If a first trust instrument contains an express prohibition or restriction described in subsection (a) or (b) of this section, the same prohibition or restriction shall be included in any second trust instrument.
Status: in_force · Read it on the official government site
Dealing with a probate matter in Maryland?
See all Maryland Probate lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.