MA H1856

Adopts the Massachusetts Uniform Trust Decanting Act as Article 9 of Chapter 203E, allowing authorized fiduciaries to distribute property from an existing irrevocable trust ("first trust") to a new trust ("second trust") or modify trust terms without court approval

Requires 60-day advance written notice to settlors, qualified beneficiaries, power of appointment holders, and fiduciaries before exercising decanting power, with notice waivable by signed consent of all entitled parties

Establishes two tiers of decanting authority: "expanded distributive discretion" permits broader modifications including adding powers of appointment, while "limited distributive discretion" requires the second trust to grant substantially similar beneficial interests

Includes special provisions for beneficiaries with disabilities, allowing decanting into special-needs trusts to preserve eligibility for Medicaid and other governmental benefits

Preserves tax-qualified status by prohibiting changes that would disqualify marital deductions, charitable deductions, S corporation eligibility, or other federal tax benefits; effective date January 1, 2026