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Tips From the Pros: Can Decanting be a Gift?

Charles A. Redd addresses the potential effect of a decanting transaction that may alter or shift beneficial interests.

The term “decanting,” when used in the context of trust administration, refers to a transaction whereby a trustee exercises discretionary distribution authority set forth in an existing trust instrument by distributing not directly to the target beneficiary but, rather, to a new trust for the benefit of the target beneficiary and perhaps one or more others.1 “Decanting” may also refer to a modification of a trust instrument, carried out unilaterally by the trustee, having

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