{"data":{"id":"us-dc/d.c.-code-19-1907","jurisdiction":"us-dc","citation":"D.C. Code § 19-1907","heading":"Notice; exercise of decanting power.","body":"(a)\nFor the purposes of this section, a notice period begins on the day notice is given under subsection (c) of this section and ends 59 days after the day notice is given.\n\n(b)\nExcept as otherwise provided in this chapter, an authorized fiduciary may exercise the decanting power without the consent of any person and without court approval.\n\n(c)\nExcept as otherwise provided in subsection (f) of this section, an authorized fiduciary shall give notice in a record of the intended exercise of the decanting power not later than 60 days before the exercise to:\n(1)\nEach settlor of the first trust, if living or then in existence;\n(2)\nEach qualified beneficiary of the first trust;\n(3)\nEach holder of a presently exercisable power of appointment over any part or all of the first trust;\n(4)\nEach person that currently has the right to remove or replace the authorized fiduciary;\n(5)\nEach other fiduciary of the first trust;\n(6)\nEach fiduciary of the second trust; and\n(7)\nThe Attorney General, if § 19-1914(b) applies.\n\n(d)\nAn authorized fiduciary is not required to give notice under subsection (c) of this section to a qualified beneficiary who is a minor and has no representative or to a person that is not known to the fiduciary or is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence.\n\n(e)\nA notice under subsection (c) of this section must:\n(1)\nSpecify the manner in which the authorized fiduciary intends to exercise the decanting power;\n(2)\nSpecify the proposed effective date for exercise of the power;\n(3)\nInclude a copy of the first-trust instrument; and\n(4)\nInclude a copy of all second-trust instruments.\n\n(f)\nThe decanting power may be exercised before expiration of the notice period under subsection (a) of this section if all persons entitled to receive notice waive the period in a signed record.\n\n(g)\nThe receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under § 19-1909 asserting that:\n(1)\nAn attempted exercise of the decanting power is ineffective because it did not comply with this chapter or was an abuse of discretion or breach of fiduciary duty; or\n(2)\n§ 19-1922 applies to the exercise of the decanting power.\n\n(h)\nAn exercise of the decanting power is not ineffective because of the failure to give notice to one or more persons under subsection (c) of this section if the authorized fiduciary acted with reasonable care to comply with subsection (c) of this section.","path":["Title 19. Descent, Distribution, and Trusts. [Enacted title]","Chapter 19. Uniform Trust Decanting Code."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/19-1907","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"a2ba90b130d6fd731bdea77706f5bfceb41949b4e64521a015ad98f77d53de6c","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-19-1906","next":"us-dc/d.c.-code-19-1908"},"notice":"GroundRules: Original legal text. Not legal advice."}