California recently enacted its decanting statute. The new law allows an authorized fiduciary to modify the terms of an irrevocable trust without the beneficiaries’ consent or court approval. Nevertheless, the settlor’s intent must be preserved, and no beneficiary can object. Here’s how the law compares to the Uniform Trust Decanting Act (UTDA) and other state decanting statutes.
California recently enacted its decanting statute. The new law allows an authorized fiduciary to mod[..]
In his article for Bloomberg Tax, HBH Principal Andrew Verriere examines the California Court of Appeal’s Breslin v. Breslin decision and the expanded authority of trial courts in trust proceedings.
Sr. Associate Dave Parnall & Principal David Baer review the California court decision in Roth v. Jelley and the importance of attorneys giving notice to trust beneficiaries.