reglab/housing_qa huggingface dataset:
CA Prob Code § 18510 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 7 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT|Section 18510.

18510.  In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.(Added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.)
CA Prob Code § 19501 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 9 - Uniform Trust Decanting Act|Section 19501.

19501.  This part may be cited as the Uniform Trust Decanting Act. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)
CA Prob Code § 19503 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 9 - Uniform Trust Decanting Act|Section 19503.

19503.  (a) Except as otherwise provided in subdivisions (b) and (c), this part applies to an express trust that is irrevocable or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest.(b) This part does not apply to a trust held solely for charitable purposes.(c) Subject to Section 19515, a trust instrument may restrict or prohibit exercise of the decanting power.(d) This part does not limit the power of a trustee, powerholder, or other person to distribute or appoint property in further trust or to modify a trust under the trust instrument, law of this state other than this part, common law, a court order, or a nonjudicial settlement agreement.(e) This part does not affect the ability of a settlor to provide in a trust instrument for the distribution of the trust property or appointment in further trust of the trust property or for modification of the trust instrument.(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)
CA Prob Code § 19504 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 9 - Uniform Trust Decanting Act|Section 19504.

19504.  (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 part does not create or imply a duty to exercise the decanting power or to inform beneficiaries about the applicability of this part.(c) Except as otherwise provided in a first trust instrument, for purposes of this part, the terms of the first trust are deemed to include the decanting power.(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)
CA Prob Code § 19505 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 9 - Uniform Trust Decanting Act|Section 19505.

19505.  This part applies to a trust created before, on, or after January 1, 2019, that satisfies either of the following conditions:(a) Has its principal place of administration in this state, including a trust whose principal place of administration has been changed to this state.(b) Provides by its trust instrument that it is governed by the law of this state or is governed by the law of this state for the purpose of any of the following:(1) Administration, including administration of a trust whose governing law for purposes of administration has been changed to the law of this state.(2) Construction of terms of the trust.(3) Determining the meaning or effect of terms of the trust.(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)
CA Prob Code § 19508 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 9 - Uniform Trust Decanting Act|Section 19508.

19508.  (a) Notice to a person with authority to represent and bind another person under this code or a first trust instrument has the same effect as notice given directly to the person represented.(b) Consent of or waiver by a person with authority to represent and bind another person under this code or a first trust instrument is binding on the person represented unless the person represented objects to the representation before the consent or waiver otherwise would become effective.(c) A person with authority to represent and bind another person under this code or a first trust instrument may file an application under Section 19509 on behalf of the person represented.(d) A settlor may not represent or bind a beneficiary under this part.(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)
CA Prob Code § 19509 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 9 - Uniform Trust Decanting Act|Section 19509.

19509.  (a) On application of an authorized fiduciary, a person entitled to notice under subdivision (c) of Section 19507, a beneficiary, or, with respect to a charitable interest, the Attorney General or other person that has standing to enforce the charitable interest, the court may do any of the following:(1) Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this part and is consistent with the fiduciary duties of the authorized fiduciary.(2) Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this part and to exercise the decanting power.(3) Approve an exercise of the decanting power.(4) Determine that a proposed or attempted exercise of the decanting power is ineffective because of either of the following:(A) After applying Section 19522, the proposed or attempted exercise does not or did not comply with this part.(B) The proposed or attempted exercise would be or was an abuse of the fiduciary’s discretion or a breach of fiduciary duty.(5) Determine the extent to which Section 19522 applies to a prior exercise of the decanting power.(6) Provide instructions to the trustee regarding the application of Section 19522 to a prior exercise of the decanting power.(7) Order other relief to carry out the purposes of this part.(b) If an application is made under subdivision (a), the burden is on the authorized fiduciary to establish that notice was given as required by Section 19507 and that the authorized fiduciary may exercise the decanting power.(c) On application of an authorized fiduciary, the court may approve either or both of the following:(1) An increase in the fiduciary’s compensation under Section 19516.(2) A modification under Section 19518 of a provision granting a person the right to remove or replace the fiduciary.(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)
CA Prob Code § 19510 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 9 - Uniform Trust Decanting Act|Section 19510.

19510.  An exercise of the decanting power shall be made in a writing signed by an authorized fiduciary. The signed writing shall, directly or by reference to the notice required by Section 19507, identify the first trust and the second trust or trusts and state the property of the first trust being distributed to each second trust and the property, if any, that remains in the first trust.(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)
CA Prob Code § 19512 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 9 - Uniform Trust Decanting Act|Section 19512.

19512.  (a) For purposes of this section, “limited distributive discretion” means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard.(b) An authorized fiduciary that has limited distributive discretion over the principal of the first trust for benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust.(c) Under this section and subject to Section 19514, a second trust may be created or administered under the law of any jurisdiction. Under this section, the second trusts, in the aggregate, shall grant each beneficiary of the first trust beneficial interests which are substantially similar to the beneficial interests of the beneficiary in the first trust. For purposes of this subdivision, “substantially similar” means that there is no material change in a beneficiary’s beneficial interests, except as provided in subdivision (d).(d) A power to make a distribution under a second trust for the benefit of a beneficiary who is an individual is substantially similar to a power under the first trust to make a distribution directly to the beneficiary. A distribution is for the benefit of a beneficiary if it satisfies any of the following conditions:(1) The distribution is applied for the benefit of the beneficiary.(2) The beneficiary is under a legal disability or the trustee reasonably believes the beneficiary is incapacitated, and the distribution is made as permitted under this code.(3) The distribution is made as permitted under the terms of the first trust instrument and the second trust instrument for the benefit of the beneficiary.(e) If an authorized fiduciary has limited distributive discretion over part but not all of the principal of a first trust, the fiduciary may exercise the decanting power under this section over that part of the principal over which the authorized fiduciary has limited distributive discretion.(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)
CA Prob Code § 19514 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 9 - Uniform Trust Decanting Act|Section 19514.

19514.  (a) For purposes of this section:(1) “Determinable charitable interest” means a charitable interest that is a right to a mandatory distribution currently, periodically, on the occurrence of a specified event, or after the passage of a specified time and that is unconditional or will be held solely for charitable purposes.(2) “Unconditional” means not subject to the occurrence of a specified event that is not certain to occur, other than a requirement in a trust instrument that a charitable organization be in existence or qualify under a particular provision of the United States Internal Revenue Code of 1986 on the date of the distribution, if the charitable organization meets the requirement on the date of determination.(b) If a first trust contains a determinable charitable interest, the Attorney General has the rights of a qualified beneficiary and may represent and bind the charitable interest.(c) If a first trust contains a charitable interest, the second trust or trusts may not do any of the following:(1) Diminish the charitable interest.(2) Diminish the interest of an identified charitable organization that holds the charitable interest.(3) Alter any charitable purpose stated in the first trust instrument.(4) Alter any condition or restriction related to the charitable interest.(d) If there are two or more second trusts, the second trusts shall be treated as one trust for purposes of determining whether the exercise of the decanting power diminishes the charitable interest or diminishes the interest of an identified charitable organization for purposes of subdivision (c).(e) If a first trust contains a determinable charitable interest, the second trust or trusts that include a charitable interest pursuant to subdivision (c) shall be administered under the law of this state unless any of the following occur:(1) The Attorney General, after receiving notice under Section 19507, fails to object in a signed writing delivered to the authorized fiduciary within the notice period.(2) The Attorney General consents in a signed writing to the second trust or trusts being administered under the law of another jurisdiction.(3) The court approves the exercise of the decanting power.(f) This part does not limit the powers and duties of the Attorney General under law of this state other than this part.(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)
CA Prob Code § 19515 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 9 - Uniform Trust Decanting Act|Section 19515.

19515.  (a) An authorized fiduciary may not exercise the decanting power to the extent the first trust instrument expressly prohibits exercise of either of the following:(1) The decanting power.(2) A power granted by state law to the fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust.(b) Exercise of the decanting power is subject to any restriction in the first trust instrument that expressly applies to exercise of either of the following:(1) The decanting power.(2) A power granted by state law to a fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust.(c) A general prohibition of the amendment or revocation of a first trust, a spendthrift clause, or a clause restraining the voluntary or involuntary transfer of a beneficiary’s interest does not preclude exercise of the decanting power.(d) Subject to subdivisions (a) and (b), an authorized fiduciary may exercise the decanting power under this part even if the first trust instrument permits the authorized fiduciary or another person to modify the first trust instrument or to distribute part or all of the principal of the first trust to another trust.(e) If a first trust instrument contains an express prohibition described in subdivision (a) or an express restriction described in subdivision (b), the authorized fiduciary shall include that provision or restriction in the second trust instrument.(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)
CA Prob Code § 19516 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 9 - Uniform Trust Decanting Act|Section 19516.

19516.  (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 either of the following occurs:(1) All qualified beneficiaries of the second trust consent to the increase in a signed writing.(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 this code unless either of the following occurs:(1) All qualified beneficiaries of the second trust consent to the increase in a signed writing.(2) The increase is approved by the court.(c) (1) 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 subdivisions (a) and (b).(2) For purposes of this subdivision, an incidental change to an authorized fiduciary’s compensation includes, but is not limited to, an increase in the compensation of the authorized fiduciary for either of the following reasons:(A) The second trust lasts longer than the first trust.(B) The second trust has a greater value than the first trust.(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)
CA Prob Code § 19517 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 9 - Uniform Trust Decanting Act|Section 19517.

19517.  (a) Except as otherwise provided in this section, a second trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first trust instrument.(b) A second trust instrument may provide for indemnification of an authorized fiduciary of the first trust or another person acting in a fiduciary capacity under the first trust for any liability or claim that would have been payable from the first trust if the decanting power had not been exercised.(c) A second trust instrument may not reduce fiduciary liability in the aggregate.(d) Subject to subdivision (c), a second trust instrument may reallocate fiduciary powers among fiduciaries as permitted by the law of this state other than this part.(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)
CA Prob Code § 19518 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 9 - Uniform Trust Decanting Act|Section 19518.

19518.  An authorized fiduciary may not exercise the decanting power to modify a provision in a first trust instrument granting another person power to remove or replace the fiduciary unless any of the following occurs:(a) The person holding the power consents to the modification in a signed writing and the modification applies only to the person.(b) The person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed writing and the modification grants a substantially similar power to another person.(c) The court approves the modification and the modification grants a substantially similar power to another person.(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)
CA Prob Code § 19520 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 9 - Uniform Trust Decanting Act|Section 19520.

19520.  (a) Subject to subdivision (b), a second trust may have a duration that is the same as, or different from, the duration of the first trust.(b) To the extent that property of a second trust is attributable to property of the first trust, the property of the second trust is subject to any rules governing maximum perpetuity, accumulation, or suspension of the power of alienation that apply to property of the first trust.(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)
CA Prob Code § 19521 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 9 - Uniform Trust Decanting Act|Section 19521.

19521.  An authorized fiduciary may exercise the decanting power whether or not under the first trust’s discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise.(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)
CA Prob Code § 19522 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 9 - Uniform Trust Decanting Act|Section 19522.

19522.  (a) If exercise of the decanting power would be effective under this part, except that the second trust instrument in part does not comply with this part, 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 that is not permitted under this part is void to the extent necessary to comply with this part.(2) A provision required by this part 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 part.(b) If a trustee or other fiduciary of a second trust determines that subdivision (a) applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary’s duties.(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)
CA Prob Code § 19523 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 9 - Uniform Trust Decanting Act|Section 19523.

19523.  (a) For purposes of this section:(1) “Animal trust” means a trust or an interest in a trust described in Section 15212.(2) “Protector” means either of the following: (A) A person appointed in an animal trust to enforce the trust on behalf of the animal as described in subdivision (c) of Section 15212 or, if no person is appointed in the trust for that purpose, a person appointed by the court for that purpose.(B) A nonprofit charitable corporation described in subdivision (e) of Section 15212 that has requested an accounting in writing.(b) The decanting power may be exercised over an animal trust that has a protector to the extent the trust could be decanted under this part if each animal that benefits from the trust were an individual, if the protector consents in a signed writing to the exercise of the power.(c) A protector for an animal has the rights under this part of a qualified beneficiary.(d) Notwithstanding any other provision of this part, if a first trust is an animal trust, in an exercise of the decanting power, the second trust shall provide that trust property may be applied only to its intended purpose for the period the first trust benefited the animal.(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)
CA Prob Code § 19524 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 9 - Uniform Trust Decanting Act|Section 19524.

19524.  A reference in this code to a trust instrument or terms of the trust includes a second trust instrument and the terms of the second trust.(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)
CA Prob Code § 19525 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 9 - Uniform Trust Decanting Act|Section 19525.

19525.  (a) For purposes of the law of this state other than this part and subject to subdivision (b), a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power.(b) In determining settlor intent with respect to a second trust, the intent of a settlor of the first trust, a settlor of the second trust, and the authorized fiduciary may be considered.(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)
CA Prob Code § 19526 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 9 - Uniform Trust Decanting Act|Section 19526.

19526.  (a) Except as otherwise provided in subdivision (c), if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust and property paid to or acquired by the first trust after the exercise of the power is part of the trust estate of the second trust or trusts.(b) Except as otherwise provided in subdivision (c), if exercise of the decanting power was intended to distribute less than all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power remains part of the trust estate of the first trust.(c) An authorized fiduciary may provide in an exercise of the decanting power or by the terms of a second trust for disposition of later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power.(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)
CA Prob Code § 19527 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 9 - Uniform Trust Decanting Act|Section 19527.

19527.  A debt, liability, or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the second trust after exercise of the decanting power.(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)
CA Prob Code § 19529 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 9 - Uniform Trust Decanting Act|Section 19529.

19529.  This part does not limit a trustee’s ability to petition for instructions or other approval under a trust pursuant to Chapter 3 (commencing with Section 17200) of Part 5 or to petition for modification of a trust pursuant to Chapter 3 (commencing with Section 15400) of Part 2.(Amended by Stats. 2019, Ch. 497, Sec. 212. (AB 991) Effective January 1, 2020.)