Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.
(a)If exercise of the decanting power would be effective under this part, except that the second trust instrument in part does not comply with this part, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power:
(1)A provision in the second trust instrument that is not permitted under this part is void to the extent necessary to comply with this part.
(2)A provision required by this part to be in the second trust instrument, which is not contained in the instrument, is deemed to be included in the instrument to the extent necessary to comply with this part.
(b)If a trustee or other fiduciary of a second trust determines that subdivision (a) applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary’s duties.
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