PEN LEG Directed Trusts, Settlements


On Jul. 9, PEN LEG passed bill on directed trusts and settlements.


  • PEN LEG passed bill SB 1231 to make technical changes and to provide for directed trusts, nonjudicial account settlements; amending PEN LEG 20 with new chapter 77.
  • Bill Provisions
  • The bill provides that terms of trust may grant a power of direction to trust directors.
  • A power of direction may extend to any one or more of a trustee’s powers.
  • The power of direction includes a power over the investment, management, or distribution of trust property or other matters of trust administration.
  • Nonjudicial account settlement provides for method of nonjudicial account settlement.
  • The legislation defines when this method of settling accounts may be used, to whom notice must be provided, what the contents of the notice should include.
  • Distributions from a terminating trust, as well as any fees and expenses, may be held by or on behalf of trustee until settlement of account is approved or deemed approved.
  • Legislative History
  • On Jun. 4, 2024, bill introduced in Senate; on Jun. 24, 2024, bill passed in Senate.
  • On Jun. 27, 2024, bill introduced in the House; on Jul. 3, 2024, bill passed in House.
  • On Jul. 9, 2024, bill was signed in both chambers and sent to PEN governor for review.
  • Effectiveness
  • Upon becoming law, act shall take effect in 90 days.
  • Jul. 2024 PEN LEG Governor Approval
  • On Jul. 15, 2024, PEN LEG reported bill approval by governor, became Act 64 of 2024.
  • Act re directed trusts, nonjudicial account settlements, will be effective Oct. 13, 2024.

Regulators PEN LEG
Entity Types Fiduciary
Reference Act 64, 7/15/2024; Bill SB1231, 7/9/2024; Citation: PEN LEG 20;
Functions Compliance; Financial; Legal; Reporting
Countries United States of America
Category
State
Products Wealth Mgt
Regions Am
Rule Type Final
Rule Date 7/9/2024
Effective Date 10/13/2024
Rule Id 218810
Linked to N/A
Reg. Last Update 7/15/2024
Report Section US Investment

Last substantive update on 07/18/2024