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.