Section 44 Subsection 4
| Library | Trust and Estate Legislation 2012 |
In exercising the authority granted by subsection 1 of this section, the trustee shall remain subject to all fiduciary duties otherwise imposed under the trust instrument and Missouri law.
Section 456.4-419.4, RSMo Supp. 2011.
The relationship between the power to decant and a trustee’s fiduciary duties is uncertain and ill-defined
(as this commentary suggests elsewhere), but one thing is clear: a decanting trustee is bound by all of the fiduciary duties imposed by common law and by the trust agreement at...
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