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2021 California Code
Probate Code - PROB
DIVISION 9 - TRUST LAW
PART 9 - Uniform Trust Decanting Act
Section 19518.
Universal Citation:
CA Prob Code § 19518 (2021)
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19518.
An authorized fiduciary may not exercise the decanting power to modify a provision in a first trust instrument granting another person power to remove or replace the fiduciary unless any of the following occurs:
(a) The person holding the power consents to the modification in a signed writing and the modification applies only to the person.
(b) The person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed writing and the modification grants a substantially similar power to another person.
(c) The court approves the modification and the modification grants a substantially similar power to another person.
(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)
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