Decanting

Enchanting Decanting

Use this template to decant out of a decedent's trust

The purpose of decanting a credit shelter trust is to do away with the restrictions on accessing the principal and income that are imposed upon the surviving spouse. The decanting statute ARS Section 14-10819 (4) requires that distribution to a new trust be ubject to the same or more restrictive distribution standards "when the trustee exercising the power described is a possible beneficiary under the standard." So the surviving spouse should resign as trustee of the decedent's trust and permit the successor trustee to do the decanting. There is nothing forbidding the surviving spouse from being the sole trustee of the trust into which the decedent's trust is decanted.

Resignation of Trustee:

Trustee Resignation - Prompter