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Maryland General Assembly· HB1345Approved by the Governor - Chapter 502 (Chapter 502)

Maryland Trust Act - In Terrorem Clause - Void, the official text

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WES MOORE, Governor                       Ch. 502

Chapter 502

                   (House Bill 1345)

AN ACT concerning

             Maryland Trust Act – In Terrorem Clause – Void

FOR the purpose of establishing that, under the Maryland Trust Act, a certain in terrorem
         clause contained in a trust is void under certain circumstances; and generally
         relating to the Maryland Trust Act.

BY adding to
         Article – Estates and Trusts
         Section 14.5–113
         Annotated Code of Maryland
         (2022 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Estates and Trusts

14.5–113.

        IF PROBABLE CAUSE EXISTS FOR INSTITUTING PROCEEDINGS, A PROVISION IN

A TRUST PURPORTING TO PENALIZE AN INTERESTED PERSON FOR CONTESTING THE

TRUST OR INSTITUTING OTHER PROCEEDINGS RELATING TO THE ESTATE IS VOID.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to
apply only prospectively and may not be applied or interpreted to have any effect on or
application to any cause of action arising before the effective date of this Act.

         SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2026.

Approved by the Governor, May 12, 2026.

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