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AL SB227
Bill
Status
1/25/2018
Primary Sponsor
Greg Albritton
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AI Summary
SB227: Alabama Uniform Trust Decanting Act
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Establishes the Alabama Uniform Trust Decanting Act, granting authorized fiduciaries power to modify irrevocable or settler-only-revocable trusts by distributing assets to new trusts while maintaining the original settlor's purposes and protecting beneficiaries.
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Requires authorized fiduciaries to provide 60 days' notice to settlors, qualified beneficiaries, power holders, other fiduciaries, and the Attorney General (when applicable) before exercising decanting power, with ability to waive the notice period or file court applications for approval.
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Imposes strict limitations on decanting power including: prohibiting additions of new beneficiaries (except under limited circumstances), protecting charitable interests, maintaining tax benefits, and preventing reduction of vested interests in beneficiaries.
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Authorizes special decanting for beneficiaries with disabilities into special-needs trusts and for animal trusts with court-appointed protectors, with specific restrictions on how trust property may be used.
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Becomes effective January 1, 2019, and applies to trusts created before, on, or after the effective date if administered in Alabama or governed by Alabama law.
Legislative Description
Trusts, Uniform Trust Decanting Act, enacted, decanting power of fiduciaries of certain trusts to distribute assets of the trusts to other trusts, fiduciary duties, procedures, notice, limitations, trusts for the care of animals, authorized
Trusts
Last Action
Read for the first time and referred to the Senate committee on Banking and Insurance
1/25/2018