California · Probate Code
PROB §19518: An authorized fiduciary may not exercise the decanting power to modify a provision in a first trust instrument granting another person power to remove or replace the fiduciary unless any of the follow
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An authorized fiduciary may not exercise the decanting power to modify a provision in a first trust instrument granting another person power to remove or replace the fiduciary unless any of the following occurs: (a) The person holding the power consents to the modification in a signed writing and the modification applies only to the person. (b) The person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed writing and the modification grants a substantially similar power to another person. (c) The court approves the modification and the modification grants a substantially similar power to another person.
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