
Review of Reviews: “Trust Decanting: A Critical Perspective,” 38 Cardozo L. Rev. (2017)Review of Reviews: “Trust Decanting: A Critical Perspective,” 38 Cardozo L. Rev. (2017)
Stewart E. Sterk, H. Bert and Ruth Mack Professor of Real Estate Law, director, Center for Real Estate Law and Policy, Yeshiva University Cardozo Law School in New York City .

In his critical missive detailing the perceived evils of trust decanting, Professor Stewart E. Sterk trots out technical arguments challenging the social wisdom of modern trust decanting statutes. The practitioner will recognize the vacuousness of these arguments immediately. Interesting as they are to read, the arguments are distilled from the wrong argument bottle and should have no impact on the free flow of trust changes through the modern decanting process.
For example, Prof. Sterk argues that decanting will often conflict with “basic principles of testamentary freedom.” He states, “It is not always easy for a trustee to determine the intent of a now dead trust settlor, when the trust deed did not memorialize the intent in the trust...
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