§ 19501 This part may be cited as the Uniform Trust Decanting Act.
§ 19502 For purposes of this part:(a) “Appointive property” means the …
§ 19503 (a) Except as otherwise provided in subdivisions (b) and (c), …
§ 19504 (a) In exercising the decanting power, an authorized fiduciary …
§ 19505 This part applies to a trust created before, on, or after January 1, …
§ 19507 (a) In this section, a notice period begins on the day notice is …
§ 19508 (a) Notice to a person with authority to represent and bind …
§ 19509 (a) On application of an authorized fiduciary, a person entitled …
§ 19510 An exercise of the decanting power shall be made in a writing signed …
§ 19511 (a) For purposes of this section:(1) “Noncontingent right” …
§ 19512 (a) For purposes of this section, “limited distributive …
§ 19513 (a) For purposes of this section:(1) “Beneficiary with a …
§ 19514 (a) For purposes of this section:(1) “Determinable …
§ 19515 (a) An authorized fiduciary may not exercise the decanting power …
§ 19516 (a) If a first trust instrument specifies an authorized …
§ 19517 (a) Except as otherwise provided in this section, a second trust …
§ 19518 An authorized fiduciary may not exercise the decanting power to …
§ 19519 (a) For purposes of this section:(1) “Grantor trust” means …
§ 19520 (a) Subject to subdivision (b), a second trust may have a …
§ 19521 An authorized fiduciary may exercise the decanting power whether or …
§ 19522 (a) If exercise of the decanting power would be effective under …
§ 19523 (a) For purposes of this section:(1) “Animal trust” means a …
§ 19524 A reference in this code to a trust instrument or terms of the trust …
§ 19525 (a) For purposes of the law of this state other than this part …
§ 19526 (a) Except as otherwise provided in subdivision (c), if exercise …
§ 19527 A debt, liability, or other obligation enforceable against property …
§ 19529 This part does not limit a trustee’s ability to petition for …
§ 19530 The provisions of this part are severable. If any provision of this …
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Terms Used In California Codes > Probate Code > Division 9 > Part 9 - Uniform Trust Decanting Act

  • Action: includes a civil action and a criminal action. See California Evidence Code 105
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and:

    California Probate Code 24

  • Burden of proof: means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court. See California Evidence Code 115
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • compensation: means the remuneration paid out of funds controlled by the employer in payment for the member's services performed during normal working hours or for time during which the member is excused from work because of any of the following:

    California Government Code 20630

  • Conduct: includes all active and passive behavior, both verbal and nonverbal. See California Evidence Code 125
  • costs incurred by the county: means all costs, except normal salaries and expenses, incurred by the county in bringing to trial or trials, including the trial or trials of, a person or persons for the offense of homicide, including costs, except normal salaries and expenses, incurred by the district attorney in investigation and prosecution, by the sheriff in investigation, by the public defender or court-appointed attorney or attorneys in investigation and defense, and all other costs, except normal salaries and expenses, incurred by the county in connection with bringing the person or persons to trial including the trial itself, which include extraordinary expenses for such services as witness fees and expenses, court-appointed expert witness fees and expenses, reporter fees, and costs in preparing transcripts. See California Government Code 15201
  • County: includes city and county. See California Government Code 19
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Division: means the Public Safety Communications Division established by this part. See California Government Code 15251
  • Donor: The person who makes a gift.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact. See California Evidence Code 140
  • expert: means a physician and surgeon, including a psychiatrist, or any person described by subdivision (b), (c), or (e) of Section 1010. See California Evidence Code 240
  • 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
  • Fiduciary: A trustee, executor, or administrator.
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • hearing: means the hearing at which a question under this code arises, and not some earlier or later hearing. See California Evidence Code 145
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Instrument: means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property. See California Probate Code 45
  • Law: includes constitutional, statutory, and decisional law. See California Evidence Code 160
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Office: means the Office of Emergency Services. See California Government Code 15251
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Evidence Code 175
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
  • Property: includes both real and personal property. See California Evidence Code 185
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public entity: includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation, whether foreign or domestic. See California Evidence Code 200
  • Real property: includes lands, tenements, and hereditaments. See California Evidence Code 205
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Spouse: includes "registered domestic partner" as required by §. See California Evidence Code 215
  • State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
  • State: means the State of California, unless applied to the different parts of the United States. See California Evidence Code 220
  • Statement: means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression. See California Evidence Code 225
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trier of fact: includes (a) the jury and (b) the court when the court is trying an issue of fact other than one relating to the admissibility of evidence. See California Evidence Code 235
  • Trust: includes the following:

    California Probate Code 82

  • Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See California Probate Code 84
  • Trustee: A person or institution holding and administering property in trust.
  • value of property: means market value of any of the following:

    California Evidence Code 811

  • Venue: The geographical location in which a case is tried.
  • Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
  • Writing: means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. See California Evidence Code 250