Guiding the Dead Hand: Decanting Under EPTL 10-6.6

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Overview


Toni Ann Kruse and Chris Nason wrote this bylined article on decanting, defined as carefully appointing assets from an old trust to a new trust with more favorable terms due to changing tax and other laws. “Decanting may be the best way to modify unfavorable provisions” in a trust, the authors wrote, and they described how New York EPTL 10-6.6 “remains one of the best and is a powerful tool for practitioners” to do this.