District of Columbia § 19-1918 Removal or replacement of authorized fiduciary.

District of Columbia Statutes

§ 19-1918 — Removal or replacement of authorized fiduciary.

District of Columbia·Title 19 Descent, Distribution, and Trusts. [Enacted title]·Ch. 19 Uniform Trust Decanting Code.

(a)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:

(1)The person holding the power consents to the modification in a signed record and the modification applies only to the person;

(2)The person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or

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

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(a) 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:

(1) The person holding the power consents to the modification in a signed record and the modification applies only to the person;

(2) The person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or

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

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