Statute · California Probate Code
Cal. Prob. Code § 19518 — Uniform Trust Decanting Act
Cal. Prob. Code § 19518
- Type
- Statute
- Source
- California Probate Code
- Jurisdiction
- California
- Date
- 2019-01-01
- Current through
- Nov 2, 2026 (California Legislative Counsel)
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 any of the following occurs:
Citator
Cal. Prob. Code § 19518 — Uniform Trust Decanting Act is in force in the current edition of the Code, and nothing recorded condemns it.
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 any of the following occurs:
(a) The person holding the power consents to the modification in a signed writing and the modification applies only to the person.
(b) The person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed writing and the modification grants a substantially similar power to another person.
(c) The court approves the modification and the modification grants a substantially similar power to another person.