§1207. Notice; exercise of decanting power
                  1. 
                                Notice period. 
                                For purposes of this section, a notice period begins on the day notice is given under subsection 3 and ends 59 days after the day notice is given.
                                     
                                
                [PL 2021, c. 235, §1 (NEW).]
              
                  2. 
                                Exercise without consent or approval. 
                                Except as otherwise provided in this Act, an authorized fiduciary may exercise the decanting power without the consent of any person and without court approval.
                                     
                                
                [PL 2021, c. 235, §1 (NEW).]
              
                  3. 
                                Notice. 
                                Except as otherwise provided in subsection 4 or 6, an authorized fiduciary shall give notice in a record of the intended exercise of the decanting power not later than 60 days before the exercise to:
                                     
                                
                
                  A.
                                        Each settlor of the first trust, if living or then in existence;
                                     
                                [PL 2021, c. 235, §1 (NEW).]
                
                  B.
                                        Each qualified beneficiary of the first trust;
                                     
                                [PL 2021, c. 235, §1 (NEW).]
                
                  C.
                                        Each holder of a presently exercisable power of appointment over any part or all of the first trust;
                                     
                                [PL 2021, c. 235, §1 (NEW).]
                
                  D.
                                        Each person that currently has the right to remove or replace the authorized fiduciary;
                                     
                                [PL 2021, c. 235, §1 (NEW).]
                
                  E.
                                        Each other fiduciary of the first trust;
                                     
                                [PL 2021, c. 235, §1 (NEW).]
                
                  F.
                                        Each fiduciary of the 2nd trust; and
                                     
                                [PL 2021, c. 235, §1 (NEW).]
                
                [PL 2021, c. 235, §1 (NEW).]
              
                  4. 
                                Notice not required. 
                                An authorized fiduciary is not required to give notice under subsection 3 to a person that is not known to the fiduciary or is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence.
                                     
                                
                [PL 2021, c. 235, §1 (NEW).]
              
                  5. 
                                Requirements of notice. 
                                A notice under subsection 3 must:
                                     
                                
                
                  A.
                                        Specify the manner in which the authorized fiduciary intends to exercise the decanting power;
                                     
                                [PL 2021, c. 235, §1 (NEW).]
                
                  B.
                                        Specify the proposed effective date for exercise of the decanting power;
                                     
                                [PL 2021, c. 235, §1 (NEW).]
                
                  C.
                                        Include a copy of the first-trust instrument; and
                                     
                                [PL 2021, c. 235, §1 (NEW).]
                
                  D.
                                        Include a copy of all 2nd-trust instruments.
                                     
                                [PL 2021, c. 235, §1 (NEW).]
                [PL 2021, c. 235, §1 (NEW).]
              
                  6. 
                                Waiver of notice period. 
                                The decanting power may be exercised before expiration of the notice period under subsection 1 if all persons entitled to receive notice waive the notice period in a signed record.
                                     
                                
                [PL 2021, c. 235, §1 (NEW).]
              
                  7. 
                                Right to file application. 
                                The receipt of notice, waiver of the notice period or expiration of the notice period does not affect the right of a person to file an application under section 1208 asserting that:
                                     
                                
                
                  A.
                                        An attempted exercise of the decanting power is ineffective because the exercise did not comply with this Act or was an abuse of discretion or breach of fiduciary duty; or
                                     
                                [PL 2021, c. 235, §1 (NEW).]
                
                [PL 2021, c. 235, §1 (NEW).]
              
                  8. 
                                Failure to give notice; reasonable care. 
                                An exercise of the decanting power is not ineffective because of the failure to give notice to one or more persons under subsection 3 if the authorized fiduciary acted with reasonable care to comply with subsection 3.
                                     
                                
                [PL 2021, c. 235, §1 (NEW).]
              
                        SECTION HISTORY
                        
            PL 2021, c. 235, §1 (NEW).