Toni Ann Kruse and Chris Nason wrote this bylined article on decanting, defined as carefully appointing assets from an old trust to a new trust with more favorable terms due to changing tax and other laws. “Decanting may be the best way to modify unfavorable provisions” in a trust, the authors wrote, and they described how New York EPTL 10-6.6 “remains one of the best and is a powerful tool for practitioners” to do this.
