Probate Code section 19518

An authorized fiduciary may not exercise the decanting power to modify a provision in a first trust instrument granting another person power to remove or replace the fiduciary unless any of the following occurs:

(a)

The person holding the power consents to the modification in a signed writing and the modification applies only to the person.

(b)

The person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed writing and the modification grants a substantially similar power to another person.

(c)

The court approves the modification and the modification grants a substantially similar power to another person.

Source: Section 19518, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PROB§ionNum=19518.­ (accessed Apr. 24, 2025).

Last Updated

Apr. 24, 2025

§ 19518’s source at ca​.gov