In This Case Decanting Was In Error

Allen Matkins
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Allen Matkins

I am no oenophile but I have heard of decanting a bottle of wine.  I am also not a trust and estates lawyer but I have never heard of decanting a trust's assets - until yesterday when I read the Nevada Supreme Court's opinion in In the Matter of  The Fund for The Encouragement of Self Reliance, 135 Nev. Adv. Op. 10 (2019).  Having read the Court's opinion, I'm still not certain that I know what it means to decant trust assets.  I do know that the Court found that the trial court had erred in ordering  "half of a wholly charitable trust's property 'decanted' (i.e., appointed) into a newly created wholly charitable trust with the same purpose as the original charitable trust, to be administered solely by one trustee of the original trust, against the objection of co-trustees". 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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