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Tips From The Pros: Decanting is a Popular Strategy, But Don’t Ignore Several Key Considerations

Al W. King III discusses a powerful tool to reform, modify, modernize and remedy existing trusts.

The modernization of older trusts has become enormously popular. This is being accomplished by both judicial and non-judicial modifications/reformations1 as well as decanting. All are popular, but decanting may be the option of choice. Currently, 27 states have enacted decanting statutes,2 while other states rely on common law.3 Additionally, in July 2015, the National Conference of Commissioners on Uniform State Laws approved the Uniform Trust Decanting Act


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