FIDUCIARY DUTY.
(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 chapter does not create or imply a duty to consider or exercise the decanting power or to inform beneficiaries about the applicability of this chapter.
(c) Except as otherwise provided in a first-trust instrument, for purposes of this chapter and Sections 19-3B-801 and 19-3B-802(a), the terms of the first trust are deemed to include the decanting power.
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.