Decanting: A Statutory CornucopiaDecanting: A Statutory Cornucopia
In certain circumstances, trustees may want to change the terms of an irrevocable trust. This can be accomplished by decanting, which typically refers to a pour over of funds from one trust to another, usually with different terms, through a trustee's action. Decanting statutes allow a trustee to exercise distribution authority to modify the terms and conditions upon which trust property is held for
In certain circumstances, trustees may want to change the terms of an irrevocable trust. This can be accomplished by decanting, which typically refers to a pour over of funds from one trust to another, usually with different terms, through a trustee's action. Decanting statutes allow a trustee to exercise distribution authority to modify the terms and conditions upon which trust property is held for its beneficiaries, including limiting or changing trust beneficiaries. The result is to change an otherwise irrevocable trust without the judicial process and proofs required for traditional options such as equitable deviation, modification or reformation.1 Authority to decant was originally found in the common law of some states. Beginning w...
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