Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Friday, September 29, 2017

Article on The Rise of Trust Decanting in the United States

Regs-Wine-Blog-photo-decanting-wineRobert H. Sitkoff recently posted an Article entitled, The Rise of Trust Decanting in the United States, Wills, Trusts, & Estate Law eJournal (2017). Provided below is an abstract of the Article:

In a trust decanting, a trustee who under the terms of a trust (the first trust) has a discretionary power over distribution uses that power to distribute the trust property to a new trust (the second trust) with updated provisions, leaving behind the sediment of the first trust’s stale provisions. This article canvasses the rise of trust decanting in American trust practice, taking notice of its common law origins, its contrast with traditional American doctrine on trust modification and termination, the proliferation of state trust decanting statutes, and several areas of doctrinal divergence across the states.



Articles, Estate Planning - Generally, Trusts | Permalink


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