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This entry was published on 2014-09-22
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SECTION 7-5.2
Terms of a trust account
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 7, PART 5
§ 7-5.2 Terms of a trust account

The funds in a trust account, which shall include any dividends or
interest thereon, shall be trust funds subject to the following terms:

(1) The trust can be revoked, terminated or modified by the depositor
during his lifetime only by means of, and to the extent of, withdrawals
from or charges against the trust account made or authorized by the
depositor or by a writing which specifically names the beneficiary and
the financial institution. The writing shall be acknowledged or proved
in the manner required to entitle conveyances of real property to be
recorded, and shall be filed with the financial institution wherein the
account is maintained.

(2) A trust can be revoked, terminated or modified by the depositor's
will only by means of, and to the extent of, an express direction
concerning such trust account, which must be described in the will as
being in trust for a named beneficiary in a named financial institution.
Where the depositor has more than one trust account for a particular
beneficiary in a particular financial institution, such a direction will
affect all such accounts, unless the direction is limited to one or more
accounts specifically identified by account number in addition to the
foregoing requirements. A testamentary revocation, termination or
modification under this paragraph can be effected by express words of
revocation, termination or modification, or by a specific bequest of the
trust account, or any part of it, to someone other than the beneficiary.
A bequest of part of a trust account shall operate as a pro tanto
revocation to the extent of the bequest.

(3) If the depositor survives the beneficiary, the trust shall
terminate and title to the funds shall continue in the depositor free
and clear of the trust.

(4) If the beneficiary survives the depositor, and the depositor's
will contains no provision revoking, terminating or modifying the trust
account under paragraph (2), the trust shall terminate and title to the
funds shall vest in the beneficiary free and clear of the trust.

(5) If the beneficiary survives the depositor and the depositor's will
contains language sufficient under paragraph two of this section, to
revoke, terminate or modify the trust, in whole or in part, that part of
the trust which is affected shall terminate and title to the funds shall
be subject to disposition by the depositor's will, free and clear of the
trust.