Decanting 101: The New California Trust Decanting Act

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Decanting 101: The New California Trust Decanting Act

Trusts & Estates Section

Credit(s):

1 Legal Specialization in Estate Planning; Trust & Probate Law
1 Participatory MCLE Credits

Course Number:

TE_1-30-19

Original Program Date:

January 30, 2019

Duration:

1 hour

Access:

Available for 3 months after Registration

Passport:

This product is Passport Eligible

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Category: Trusts & Estates

Category: Trusts & Estates (show less)

On September 14, 2018, Governor Brown signed Senate Bill 909, the Uniform Trust Decanting Act (the “Decanting Act”). The Decanting Act is effective January 1, 2019, and located at Probate Code section 19501 et seq.

The Decanting Act is an important development in California probate law. Planners and litigators alike should become familiar with the new law because our clients will have more planning options, and a new body of litigation will develop in the coming years.

This presentation will provide a general overview of the new law. The presentation will include an explanation of the history of California decanting, how to decant under the new legislation, what trusts can be decanted, decanting under “expanded distributive discretion,” decanting under “limited distributive discretion,” decanting limitations, and the procedural and potential litigation aspects of the new law.

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