(a) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust.
     (b) This Article does not create or imply a duty to exercise the decanting power or to inform beneficiaries about the applicability of this Article.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Illinois Compiled Statutes 760 ILCS 3/1204

  • Fiduciary: A trustee, executor, or administrator.

     (c) Except as otherwise provided in a first-trust instrument, for purposes of this Article and Section 801, the terms of the first trust are deemed to include the decanting power.