MA S1112

Authorizes trustees with discretionary distribution powers to "decant" irrevocable trusts by transferring assets to new trusts with modified terms without court approval, while maintaining fiduciary duties to act in accordance with the original trust's purposes

Requires 60-day advance written notice to settlors, qualified beneficiaries, power of appointment holders, and other fiduciaries before exercising decanting power, though notice period can be waived by signed consent

Establishes two levels of decanting authority: trustees with "expanded distributive discretion" (broader modification powers) and those with "limited distributive discretion" (must grant substantially similar beneficial interests in second trust)

Protects vested beneficiary interests, charitable interests, and tax-qualified status of trusts including marital deduction trusts, charitable trusts, S corporation trusts, and qualified benefit property trusts from adverse modification

Creates special provisions allowing decanting to establish special-needs trusts for beneficiaries with disabilities to preserve government benefits eligibility, effective January 1, 2026