(a) If a first-trust instrument specifies an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's compensation above the specified compensation unless:
(1) all qualified beneficiaries of the second trust consent to the increase in a signed record; or
(2) the increase is approved by the court.
(b) If a first-trust instrument does not specify an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's compensation above the compensation permitted by Chapter 3B (commencing with Section 19-3B-101) of this title, unless:
(1) all qualified beneficiaries of the second trust consent to the increase in a signed record; or
(2) the increase is approved by the court.
(c) A change in an authorized fiduciary's compensation which is incidental to other changes made by the exercise of the decanting power is not an increase in the fiduciary's compensation for purposes of subsections (a) and (b).
Structure Code of Alabama
Title 19 - Fiduciaries and Trusts.
Chapter 3D - Alabama Uniform Trust Decanting Act.
Section 19-3D-1 - Short Title.
Section 19-3D-2 - Definitions.
Section 19-3D-4 - Fiduciary Duty.
Section 19-3D-5 - Application; Governing Law.
Section 19-3D-6 - Reasonable Reliance.
Section 19-3D-7 - Notice; Exercise of Decanting Power.
Section 19-3D-8 - Representation.
Section 19-3D-9 - Court Involvement.
Section 19-3D-10 - Formalities.
Section 19-3D-11 - Decanting Power Under Expanded Distributive Dicretion.
Section 19-3D-12 - Decanting Power Under Limited Distributive Discretion.
Section 19-3D-13 - Trust for Beneficiary With Disability.
Section 19-3D-14 - Protection of Charitable Interest.
Section 19-3D-15 - Trust Limitation on Decanting.
Section 19-3D-16 - Change in Compensation.
Section 19-3D-17 - Relief From Liability and Indemnification.
Section 19-3D-18 - Removal or Replacement of Authorized Fiduciary.
Section 19-3D-19 - Tax-Related Limitations.
Section 19-3D-20 - Duration of Second Trust.
Section 19-3D-21 - Need to Distribute Not Required.
Section 19-3D-22 - Saving Provision.
Section 19-3D-23 - Trust for Care of Animal.
Section 19-3D-24 - Terms of Second Trust.
Section 19-3D-26 - Later-Discovered Property.
Section 19-3D-27 - Obligations.
Section 19-3D-28 - Uniformity of Application and Construction.
Section 19-3D-29 - Relation to Electronic Signatures in Global and National Commerce Act.