Do Trustees Have a Duty to Consider Decanting?

David Silvian and Phyllis Maloney Johnson authored an article, "Do Trustees Have a Duty to Consider Decanting?," published by Wealth Management.com. The article discussed Massachusetts' highest court's recent decision in Ferri v. Powell-Ferri, which held that the trustees of an irrevocable trust could decant the trust property to a new trust even though, at the time of the decanting, the beneficiary, who was going through a divorce, had the current right to withdraw 75 percent of the trust property.