                                 CODE OF VIRGINIA

DECANTING POWER UNDER EXPANDED DISTRIBUTIVE DISCRETION (§ 64.2-779.8)

A. As used in this section:
			&#8220;Noncontingent right&#8221; means a right that is not subject to the
exercise of discretion or the occurrence of a specified event that is not
certain to occur. &#8220;Noncontingent right&#8221; does not include a right
held by a beneficiary if any person has discretion to distribute property
subject to the right to any person other than the beneficiary or the
beneficiary&#8217;s estate.
			&#8220;Presumptive remainder beneficiary&#8221; means a qualified beneficiary
other than a current beneficiary.
			&#8220;Successor beneficiary&#8221; means a beneficiary that is not a
qualified beneficiary on the date the beneficiary&#8217;s qualification is
determined. &#8220;Successor beneficiary&#8221; does not include a person that
is a beneficiary only because the person holds a nongeneral power of
appointment.
			&#8220;Vested interest&#8221; means:

   1. A right to a mandatory distribution that is a noncontingent right as of the
   date of the exercise of the decanting power;

   2. A current and noncontingent right, annually or more frequently, to a
   mandatory distribution of income, a specified dollar amount, or a percentage
   of value of some or all of the trust property;

   3. A current and noncontingent right, annually or more frequently, to withdraw
   income, a specified dollar amount, or a percentage of value of some or all of
   the trust property;

   4. A presently exercisable general power of appointment; or

   5. A right to receive an ascertainable part of the trust property on the
   trust&#8217;s termination that is not subject to the exercise of discretion or
   to the occurrence of a specified event that is not certain to occur.

B. Subject to subsection C and &#xA7; 64.2-779.11, an authorized fiduciary that
has expanded distributive discretion over the income or principal of a first
trust for the benefit of one or more current beneficiaries may exercise the
decanting power over the income or principal of the first trust.

C. Subject to § 64.2-779.10, in an exercise of the decanting power under this
section, a second trust may not:

   1. Include as a current beneficiary a person that is not a current beneficiary
   of the first trust, except as otherwise provided in subsection D;

   2. Include as a presumptive remainder beneficiary or successor beneficiary a
   person that is not a current beneficiary, presumptive remainder beneficiary,
   or successor beneficiary of the first trust, except as otherwise provided in
   subsection D; or

   3. Reduce or eliminate a vested interest.

D. Subject to subdivision C 3 and § 64.2-779.11, in an exercise of the
decanting power under this section, a second trust may be a trust created or
administered under the law of any jurisdiction and may:

   1. Retain a power of appointment granted in the first trust;

   2. Omit a power of appointment granted in the first trust, other than a
   presently exercisable general power of appointment;

   3. Create or modify a power of appointment if the powerholder is a current
   beneficiary of the first trust and the authorized fiduciary has expanded
   distributive discretion to distribute principal to the beneficiary; and

   4. Create or modify a power of appointment if the powerholder is a presumptive
   remainder beneficiary or successor beneficiary of the first trust, but the
   exercise of the power may take effect only after the powerholder becomes, or
   would have become if then living, a current beneficiary.

E. A power of appointment described in subdivisions D 1 through 4 may be general
or nongeneral. The class of permissible appointees in favor of which the power
may be exercised may be broader than or different from the beneficiaries of the
first trust.

F. If an authorized fiduciary has expanded distributive discretion over part but
not all of the income or principal of a first trust, the fiduciary may exercise
the decanting power under this section over that part of the income or principal
over which the authorized fiduciary has expanded distributive discretion.

HISTORY: 2017, c. 592.