SAVING PROVISION.
(a) If exercise of the decanting power would be effective under this chapter except that the second-trust instrument in part does not comply with this chapter, 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 which is not permitted under this chapter is void to the extent necessary to comply with this chapter.
(2) A provision required by this chapter 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 chapter.
(b) If a trustee or other fiduciary of a second trust determines that subsection (a) applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary's duties.
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.