Vermont § 1415 - Trust limitation on decanting
Full text of Vermont Vermont Statutes Online § 1415 — Trust limitation on decanting, with citation guidance and answers to common questions.
§ 1415. Trust limitation on decanting
- (a) An authorized fiduciary shall not exercise the decanting power to the extent the first
trust instrument expressly prohibits exercise of: (1) the decanting power; or (2) a power granted by State law to the authorized 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: (1) the decanting power; or (2) a power granted by State law to an authorized 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 subsections (a) and (b) of this section, an authorized fiduciary may exercise
the decanting power under this chapter 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 subsection
(a) of this section or an express restriction described in subsection (b) of this
section, the provision shall be included in the second trust instrument. (Added 2023, No. 177 (Adj. Sess.), § 1, eff. July 1, 2024.)
Source: official Vermont text · Last verified 2026-08-27
Frequently Asked Questions About Vermont § 1415
What does Vermont Statutes Online § 1415 cover?
Section 1415 ("Trust limitation on decanting") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Vermont § 1415?
A common citation format is "Vermont Statutes Online § 1415" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Vermont law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.
How does Vermont § 1415 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.