§1214. Trust limitation on decanting
                  1. 
                                Decanting power prohibited. 
                                An authorized fiduciary may not exercise the decanting power to the extent the first-trust instrument expressly prohibits exercise of:
                                     
                                
                
                  A.
                                        The decanting power; or
                                     
                                [PL 2021, c. 235, §1 (NEW).]
                
                  B.
                                        A power granted by state law to the authorized fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust.
                                     
                                [PL 2021, c. 235, §1 (NEW).]
                [PL 2021, c. 235, §1 (NEW).]
              
                  2. 
                                Decanting power restricted. 
                                Exercise of the decanting power is subject to any restriction in the first-trust instrument that expressly applies to exercise of:
                                     
                                
                
                  A.
                                        The decanting power; or
                                     
                                [PL 2021, c. 235, §1 (NEW).]
                
                  B.
                                        A power granted by state law to an authorized fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust.
                                     
                                [PL 2021, c. 235, §1 (NEW).]
                [PL 2021, c. 235, §1 (NEW).]
              
                  3. 
                                Decanting power not precluded. 
                                A general prohibition on amendment or revocation of a first trust, a spendthrift provision or a clause restraining the voluntary or involuntary transfer of a beneficiary's interest does not preclude exercise of the decanting power.  
                                     
                                
                [PL 2021, c. 235, §1 (NEW).]
              
                  4. 
                                First trust permits modification or distribution. 
                                Subject to subsections 1 and 2, an authorized fiduciary may exercise the decanting power pursuant to this Act even if the first-trust instrument permits the authorized fiduciary or another person to modify the first-trust instrument or to distribute part or all of the principal of the first trust to another trust.
                                     
                                
                [PL 2021, c. 235, §1 (NEW).]
              
                  5. 
                                Express prohibition or restriction included in 2nd trust. 
                                If a first-trust instrument contains an express prohibition described in subsection 1 or an express restriction described in subsection 2, the provision must be included in the 2nd-trust instrument.
                                     
                                
                [PL 2021, c. 235, §1 (NEW).]
              
                        SECTION HISTORY
                        
            PL 2021, c. 235, §1 (NEW).