An authorized fiduciary may exercise the decanting power whether or not under the first trust‘s discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise.

(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)

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Terms Used In California Probate Code 19521

  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing with Section 3900) of Division 4), or other legal representative subject to this code. See California Probate Code 39
  • Trust: includes the following:

    California Probate Code 82