Section 45 Subsection 5

• Library: Trust and Estate Legislation 2012

This section does not impose on a trustee a duty to exercise the authority granted by subsection 1 of this section in favor of another trust or to consider exercising such authority in favor of another trust.

Section 456.4-419.5, RSMo Supp. 2011.

This provision makes explicit that the mere presence of the decanting statute does not itself create in the trustee a duty to decant or even to consider decanting. But a trustee should remember that a trustee has a fiduciary duty to consider the best means of...