Uniform Trust Decanting Act.
Summary
Existing law regulates trust administration and generally requires a trustee to administer the trust according to the trust instrument. Under existing law, a trustee may exercise specified powers without court authorization, including the power to acquire or dispose of property. Existing law authorizes the beneficiaries of an irrevocable trust to compel modification of the trust upon petition to the court, if all beneficiaries of the trust consent. This bill would enact the Uniform Trust Decanting Act, under which a fiduciary of an irrevocable trust may distribute the property of a first trust to one or more 2nd trusts or modify the terms of the first trust without the consent of the beneficiaries or approval of the court, subject to certain exceptions. The bill would require specified persons, including qualified beneficiaries and, if the trust contains a determinable charitable interest, the Attorney General, to be provided notice of the intended exercise of the decanting power, and would authorize the court, on application by specified persons, to, among other things, approve an exercise of the decanting power. Among other provisions, the bill would require a fiduciary exercising the decanting power to act in accordance with its fiduciary duties and in accordance with the purposes of the first trust. The bill would also specify that the decanting power does not apply to a trust held solely for charitable purposes.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2018
Committee Review
Aug 2018
Senate Passage
Apr 2018
Assembly Passage
Aug 2018
Signed into Law
Sep 2018
Introduced Jan 18, 2018
Signed Sep 14, 2018
Floor votes · Senate Aug 21, 2018 · Assembly Aug 16, 2018
How they voted
35–0
Passed
Total votes 35
Aug 21, 2018
D
Democratic24
100% Yea
R
Republican11
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
23
Key actions
9
Committee
7
Amendments
2
Sep 14, 2018
Signed into law
Approved by the Governor.
legislature
Aug 21, 2018
Senate · Passed
Senate Vote: pass (35-0)
senate
Aug 21, 2018
Upper · Passed
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5564.) Ordered to engrossing and enrolling.
upper
Aug 16, 2018
Assembly · Passed
Assembly Vote: pass (69-0-4)
assembly
Aug 16, 2018
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 8, 2018
Lower · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 8).
lower
Jun 13, 2018
Lower · Passed
Read second time and amended. Re-referred to Com. on APPR.
lower
Jun 12, 2018
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0.) (June 12).
lower
May 7, 2018
Committee
Referred to Com. on JUD.
lower
Apr 23, 2018
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.
upper
Apr 11, 2018
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 4625.) (April 10). Re-referred to Com. on APPR.
upper
Feb 1, 2018
Committee
Referred to Com. on JUD.
upper
Jan 18, 2018
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Robert M. Hertzberg
DDemocratic
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