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HD 2382

An Act relative to the Massachusetts Uniform Trust Decanting Act

194th Legislature (2025-2026) Introduced by Jay Livingstone

Massachusetts adopts the Uniform Trust Decanting Act, enabling trustees to transfer trust assets between trusts with standardized procedures while protecting beneficiary interests.

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WeVote Research Nonpartisan
Bill Summary · HD 2382

Legislative bill overview

HD 2382 enacts the Massachusetts Uniform Trust Decanting Act, which allows trustees to transfer trust assets from one trust to another (a process called "decanting") under specified conditions. This legislation standardizes the procedures, limitations, and protections governing trust decanting in Massachusetts, aligning the state with the Uniform Law Commission's model act adopted by numerous other states.

Why is this important

Trust decanting provides a practical tool for trustees to modernize outdated trust provisions, correct errors, or adapt trusts to changing beneficiary circumstances without requiring court intervention or beneficiary consent in many cases. This can reduce costs and delays for estate planning while also creating clarity around a practice that currently exists in legal gray areas in Massachusetts, affecting how families manage multi-generational wealth.

Potential points of contention

  • Trustee power expansion: Opponents may argue the bill grants trustees too much unilateral authority to restructure trusts without full beneficiary notification or consent, potentially disadvantaging some heirs
  • Creditor protection concerns: The act's provisions allowing decanting into protective trusts could enable asset shielding that creditors argue circumvents legitimate claims
  • Conflicts of interest: Corporate trustees or beneficiary-trustees could use decanting powers to benefit themselves, requiring careful oversight mechanisms that the bill's specific protections may or may not adequately address

Compiled from official sources — confirm details with the bill’s official record.

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