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.
Wis. Stat. § 701.1321
Need to distribute not required
Known as the Uniform Trust Decanting Act
The act spans §§ 701.1301 to 701.1327 (26 sections).
2023 a. 127.
Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.