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.
Principal Ryan Szczepanik presented on “Tax Strategies and Implications When Settling a Trust or Estate Dispute” at the April 2021 Santa Cruz Estate Planning Council.
This presentation will provide an analysis of the statutory grounds affording estate planners the opportunity to petition the court for approval of the estate plan during the settler’s life.
John Hartog explains Common Estate Planning Mistakes & How to Avoid Them