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In This Case Decanting Was In Error
Friday, April 26, 2019

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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