Fiduciary duty.

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(1) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust.

  1. This part 9 does not create or imply a duty to exercise the decanting power or to informbeneficiaries about the applicability of this part 9.

  2. Except as otherwise provided in a first-trust instrument, for purposes of this part 9 the termsof the first trust are deemed to include the decanting power.

Source: L. 2016: Entire part added, (SB 16-085), ch. 228, p. 874, § 1, effective August 10.


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