Contact us with your California corporate & securities law questions (949) 353-6347 or Contact us here

California's New Uniform Trust Decanting Act

In a recent post, I remarked that as a corporate and securities lawyer I was unfamiliar with the term "decanting" in respect to trusts.  Much to my surprise, I have since learned that last year California actually enacted a uniform trust decanting law.  Cal. Stats. ch. 407 (SB 909 (Hertzberg)).  According to the legislative digest, the new law allows "a fiduciary of an irrevocable trust may distribute the property of a first trust to one or more 2nd trusts or modify the terms of the first trust without the consent of the beneficiaries or approval of the court, subject to certain exceptions". 

The source of the law is the California Commission on Uniform State Laws.  The CCUSL was created more than a century ago to represent the state on the national Uniform Law Commission.  It is part of the Legislative Counsel Bureau.  Cal. Gov't Code § 10270.  The CCUSL is required to "do all in its power to promote uniformity in state laws upon all subjects where uniformity is deemed desirable and practicable".  Cal. Gov't Code § 10280.

Share on:

ANY QUESTIONS REGARDING CALIFORNIA CORPORATE AND SECURITIES LAW? CONTACT US DIRECTLY

We offer expert advice with the intricacies of California law.

Our years of experience and expertise allow us to help clients navigate the business laws in California.

CONTACT US

Get the latest news and analysis about California Corporate & Securities law. Subscribe to our newsletter today!

We respect your email privacy

ABOUT OUR AUTHOR

30172DBAB0084D3A8F39D7AF0A8E79BC.ashx Keith Paul Bishop
Partner at Allen Matkins
(949) 353-6328
 Contact me
Learn More About Keith

RECOGNITION

NationalLawReview

badge-author-large

nominee-badge

Get the latest news and analysis about California Corporate & Securities law. Subscribe to our newsletter today!

We respect your email privacy

CATEGORIES

see all

YOUTUBE

FACEBOOK