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Jaclyn O'Leary co-authored an article for the Boston Bar Association Trusts & Estates Section blog on the Supreme Judicial Court's July 29 decision in Morse v. Kraft. Jaclyn and William K. Moran of Bass, Doherty & Finks, P.C., write that although the court "ruled that the trustee was authorized to transfer property from one trust to another without the consent of the beneficiaries or the court," it also "declined to recognize that trustees have an inherent power to decant." As such, they expect that in the future "practitioners will include express language in a trust to give the trustee the power to decant in situations where the settlor intends to give that power to the trustee."
The blog post can be found here.
