Section 1 Definitions - Massachusetts Statutes

Section 1. This chapter shall be known as and may be cited as the Massachusetts Uniform Custodial Trust Act.

As used in this chapter the following words shall, unless the context requires otherwise, have the following meanings:

“Adult”, an individual who is at least eighteen years of age.

“Beneficiary”, an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individual’s use and benefit under this chapter.

“Conservator”, a person appointed or qualified by a court to manage the estate of an individual or a person legally authorized to perform substantially the same functions.

“Court”, the probate and family court.

“Custodial trust property”, an interest in property transferred to or held under a declaration of trust by a custodial trustee under this chapter and the income from and proceeds of such interest.

“Custodial trustee”, a person designated as trustee of a custodial trust under this chapter or a substitute or successor to the person so designated.

“Guardian”, a person appointed or qualified by a court as a guardian of an individual, including a limited guardian, but not a person who is only a guardian ad litem.

“Incapacitated”, lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority, or other disabling cause.

“Legal representative”, a personal representative or conservator.

“Member of the beneficiary’s family”, a beneficiary’s spouse, descendant, stepchild, parent, stepparent, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.

“Person”, an individual, corporation, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity.

“Personal representative”, an executor, administrator, or special administrator of a decedent’s estate, a person legally authorized to perform substantially the same functions, or a successor to any of them.

“State”, a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

“Transferor”, a person who creates a custodial trust by transfer or declaration.

“Trust company”, a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.