Ala. Code § 19-3D-18 (2026)

Removal or Replacement of Authorized Fiduciary.

(Act 2018-519, §18.)

An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless:

  1. (1) the person holding the power consents to the modification in a signed record and the modification applies only to the person;
  2. (2) the person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or
  3. (3) the court approves the modification and the modification grants a substantially similar power to another person.

(Act 2018-519, §18.)

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