WILLIAM DONALD SCHAEFER, Governor

Ch. 385

(I)  ON TERMS AND CONDITIONS AS THE COURT
CONSIDERS APPROPRIATE; AND

(II) IF THE COURT IS SATISFIED THAT A DIVISION
OF A TRUST OR CONSOLIDATION OF TRUSTS:

1. IS NOT INCONSISTENT WITH THE INTENT OF
A TRUSTOR WITH REGARD TO A TRUST TO BE CONSOLIDATED OR DIVIDED;

2. FACILITATES ADMINISTRATION OF A TRUST
TO BE DIVIDED OR TRUSTS TO BE CONSOLIDATED; AND

3. IS IN THE BEST INTERESTS OF ALL

BENEFICIARIES AND DOES NOT MATERIALLY IMPAIR THE RESPECTIVE
INTERESTS OF THE BENEFICIARIES.

(II)  IF THE COURT IS SATISFIED THAT A DIVISION
OF A TRUST OR CONSOLIDATION OF TRUSTS WILL NOT DEFEAT OR
MATERIALLY IMPAIR:

1. THE ACCOMPLISHMENT OF TRUST PURPOSES;

OR

2. THE INTERESTS OF THE BENEFICIARIES.

(3) A COURT MAY PASS ORDERS THAT THE COURT CONSIDERS
PROPER OR NECESSARY TO PROTECT THE INTERESTS OF A:

(I)  TRUSTEE;

(II)  PERSONAL REPRESENTATIVE;

(III)  BENEFICIARY; OR

(IV)  PARTY IN INTEREST.

(C)  THIS SECTION APPLIES TO TRUSTS:

(1)  WHENEVER CREATED;

(2)  WHETHER INTER VIVOS OR TESTAMENTARY;

(3)  CREATED BY THE SAME OR DIFFERENT INSTRUMENTS;

(4)  CREATED BY THE SAME OR DIFFERENT PERSONS; AND

(5)  REGARDLESS OF WHERE CREATED OR ADMINISTERED.

(D)  THIS SECTION MAY NOT BE CONSTRUED TO LIMIT THE RIGHT OF
A TRUSTEE OR PERSONAL REPRESENTATIVE TO DIVIDE A TRUST OR
CONSOLIDATE TRUSTS, WITHOUT AN ORDER OF A COURT, IN ACCORDANCE
WITH THE APPLICABLE PROVISIONS OF THE GOVERNING INSTRUMENT.

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