The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 14A V.S.A. § 1422)
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§ 1422. Savings provision
(a) If exercise of the decanting power would be effective under this chapter except that
the second-trust instrument in part does not comply with this chapter, the exercise
of the power is effective and the following rules apply with respect to the principal
of the second trust attributable to the exercise of the power:
(1) a provision in the second-trust instrument that is not permitted under this chapter
is void to the extent necessary to comply with this chapter; and
(2) a provision required by this chapter to be in the second-trust instrument that is
not contained in the instrument is deemed to be included in the instrument to the
extent necessary to comply with this chapter.
(b) If a trustee or other fiduciary of a second trust determines that subsection (a) of
this section applies to a prior exercise of the decanting power, the fiduciary shall
take corrective action consistent with the fiduciary’s duties. (Added 2023, No. 177 (Adj. Sess.), § 1, eff. July 1, 2024.)