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Multi-Trillion Dollar Wealth Transfer Puts Trust "Decanting" In Focus
A historic wave of generational wealth is forcing trustees to ask whether decades-old trusts still work as intended, with “decanting” emerging as a key solution.
In Family Wealth Report, Trusts & Estates Partner Melissa Rodriguez explains how trustees can use decanting to move assets from an existing trust into a new one with updated terms while navigating strict fiduciary duties. She notes that longer lifespans, evolving family dynamics, and shifting tax laws are driving the trend, particularly as more than 30 states now provide clear decanting frameworks. Rodriguez also emphasizes that the process requires careful documentation and must not disadvantage current beneficiaries, where most disputes arise.
As she explained, “Decanting is a fiduciary act, not a planning shortcut. Every trustee who decants is making a legally significant decision that will be judged against the standard of what a prudent trustee would have done for the benefit of all beneficiaries.”
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