Nebraska § 30-4522 Saving provision

Nebraska Statutes

§ 30-4522 — Saving provision

Nebraska § 30-4522

Ch. 30Decedents' Estates; Protection of Persons and Property

This text of Nebraska § 30-4522 (Saving provision) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 30-4522 (2026).

Text

(a)If exercise of the decanting power would be effective under the Uniform Trust Decanting Act except that the second-trust instrument in part does not comply with the act, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power:

(1)A provision in the second-trust instrument which is not permitted under the act is void to the extent necessary to comply with the act.

(2)A provision required by the act to be in the second-trust instrument which is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with the act.

(b)If a trustee or other fiduciary of a second trust determines that subsection (a) of this section applies to a prior

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(a) If exercise of the decanting power would be effective under the Uniform Trust Decanting Act except that the second-trust instrument in part does not comply with the act, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power:
(1) A provision in the second-trust instrument which is not permitted under the act is void to the extent necessary to comply with the act.
(2) A provision required by the act to be in the second-trust instrument which is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with the act.
(b) If a trustee or other fiduciary of a second trust determines that subsection (a) of this section applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary's duties.