4.4 Retaining the Categories Under the Maryland Trust Code Proposal
Unlike the Uniform Trust Code, the Maryland Trust Act retains the distinction between support and discretionary trusts. Almost any discretionary provision sweeps the trust into the discretionary trust category under the Maryland proposal. Nevertheless, discretionary trusts are subject to Court oversight for trustee abuse of discretion (including the failure to act reasonably in exercising discretion). The claims of creditors to discretionary trusts, however, are severely limited under the Maryland Trust Act as is the case under the UTC.