- (a) Except as provided in this chapter, an authorized fiduciary may exercise the decanting power without the consent of any person and without court approval.
- (b) An authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust in exercising the decanting power.
- (c) This chapter does not create or imply a duty to exercise the decanting power or to inform beneficiaries about the applicability of this chapter.
- (d) Except as provided in a first-trust instrument, the terms of the first trust are deemed to include the decanting power.
As added by P.L.161-2022, SEC.3.