Do Trustees Have a Duty to Consider Decanting?

Publisher: Wealth Management.com

April 25, 2017

Day Pitney Author(s) David L. Silvian

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.

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