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Academic Exchange Quarterly, ISSN 1096-1453, independent double-blind-peer-reviewed print journal, welcomes submissions that contribute to the effective instruction and learning regardless of level or subject.
Of course, it is not always clear that the problem is a “problem” at all, nor that the settlor of the trust would want it to be “fixed” in this way.
Under prior law, there was no default statutory decanting provision that applied if the trust instrument was silent, but the settlor could provide for decanting in the trust instrument.
New Subchapter D of Chapter 112 of the Trust Code (Sections 112.071 – 112.087) permits a trustee to distribute trust principal “in further trust” in some cases.