Massachusetts State House.
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Richard Morse, Trustee v. Jonathan A. Kraft, et al.

March 01, 2013

The Boston Bar Association filed an amicus brief in the Massachusetts Supreme Judicial Court case Richard Morse, Trustee v. Jonathan A. Kraft et al. The case addressed, for the first time in Massachusetts, a trustee’s power to transfer the assets of one irrevocable trust to another for the same class of beneficiaries. The brief argued in favor of this power, called “decanting,” and urged the court to recognize that it is inherently held by trustees. The SJC did rule favorably with respect to Morse’s petition, but declined to recognize decanting as an inherent trustee power.