Skip navigation
Decanting Without a Statute

Decanting Without a Statute

The lessons of Kraft

When making distributions from one trust to another—commonly referred to as “decanting”—practitioners face two key questions. Do the trustees have the power to decant? And, if so, how should the decanting be structured? Frequently, the state decanting statute will provide the answers. But, what if there’s no applicable statute?


Please Log in if you are currently a Trust&Estates subscriber, or select DAYPASS for our new 24 hour access (nominal fee required).

If you are interested in unlimited article access for one year, please select Annual Subscription below.

Hide comments


  • Allowed HTML tags: <em> <strong> <blockquote> <br> <p>

Plain text

  • No HTML tags allowed.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.