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Drafting to Activate Trust Decanting

Friday, September 20, 2013 12:30 PM to 1:30 PM
Boston Bar Association - 16 Beacon Street, Boston, MA


In its recent decision in Morse v. Kraft, the Supreme Judicial Court addressed the practice of trust decanting for the first time.  Importantly for those drafting trusts, the SJC observed that “[i]n light of the increased awareness, and indeed practice, of decanting, we expect that settlors in the future who wish to give trustees a decanting power will do so expressly. We will then consider whether the failure to expressly grant this power suggests an intent to preclude decanting.”

At this Brown Bag Lunch we will discuss some of the considerations for drafting trust provisions that grant decanting powers to trustees.


Sponsoring Section/Committee(s):




Jennifer Jones


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