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In This Case Decanting Was In Error

I am no oenophile but I have heard of decanting a bottle of wine.  I am also not a trust and estates lawyer but I have never heard of decanting a trust's assets - until yesterday when I read the Nevada Supreme Court's opinion in In the Matter of  The Fund for The Encouragement of Self Reliance, 135 Nev. Adv. Op. 10 (2019).  Having read the Court's opinion, I'm still not certain that I know what it means to decant trust assets.  I do know that the Court found that the trial court had erred in ordering  "half of a wholly charitable trust's property 'decanted' (i.e., appointed) into a newly created wholly charitable trust with the same purpose as the original charitable trust, to be administered solely by one trustee of the original trust, against the objection of co-trustees".  

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About this Author

Keith Paul Bishop, Corporate Transactions Lawyer, finance securities attorney, Allen Matkins Law Firm
Partner

Keith Paul Bishop is a partner in Allen Matkins' Corporate and Securities practice group, and works out of the Orange County office. He represents clients in a wide range of corporate transactions, including public and private securities offerings of debt and equity, mergers and acquisitions, proxy contests and tender offers, corporate governance matters and federal and state securities laws (including the Sarbanes-Oxley Act of 2002 and the Dodd-Frank Act), investment adviser, financial services regulation, and California administrative law. He regularly advises clients...

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