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:

(1) the person holding the power consents to the modification in a signed record and the modification applies only to the person;
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Terms Used In Alabama Code 19-3D-18

  • Fiduciary: A trustee, executor, or administrator.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
(2) the person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or
(3) the court approves the modification and the modification grants a substantially similar power to another person.
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