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Irrevocable Trusts Trustees Decanting

Rivkin Radler LLP

Decanting Trusts: Sometimes You Can Change the Terms of an Existing Trust

Rivkin Radler LLP on

Sometimes, the terms of an irrevocable trust (one that cannot be amended or revoked) were appropriate at the time the trust was created, but subsequent events or circumstances make the terms of the old trust impractical,...more

Warner Norcross + Judd

Decanting: Useful for Trusts as Well as Wine

Warner Norcross + Judd on

You likely have created revocable or irrevocable trusts, or a few of both, in your estate plan. Ideally, these have been properly drafted with plenty of flexibility so that they can continue to meet your wealth planning goals...more

Husch Blackwell LLP

Options for Changing an Irrevocable Trust

Husch Blackwell LLP on

As its name implies, an irrevocable trust cannot be revoked by the person who establishes the trust. Typically, an irrevocable trust also cannot be changed by a trustee or beneficiary. The irrevocable nature makes the trust a...more

Morris James LLP

Chancery Applies Unclean Hands Doctrine to Prevent a Trustee from Rescinding the Decanting of a Trust

Morris James LLP on

In the Matter of: The Niki and Darren Irrevocable Trust and the N and D Delaware Irrevocable Trust, C.A. No. 2019-0302-SG (Del. Ch. Feb. 4, 2021) - Delaware’s decanting statute allows a trustee to “decant” a trust by...more

Goodwin

Massachusetts Supreme Judicial Court Decision Affirms Trustee Decanting Authority

Goodwin on

The Massachusetts Supreme Judicial Court’s recent decision in Morse v. Kraft recognizes, in certain circumstances, a Trustee’s ability to decant trust assets by distributing them to a new trust in lieu of making an outright...more

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