As trust law evolves and client needs shift over time, the ability to modify irrevocable trusts through decanting or other mechanisms has become an essential tool in the modern estate planner’s toolkit. Trust Decanting and Modification: Tax and Fiduciary Considerations is a timely and practical continuing education program that explores how and when to alter trust terms without court intervention—while remaining compliant with tax laws and fiduciary duties.

This session provides an in-depth look at the legal framework governing trust decanting, including state law variations, procedural requirements, and the circumstances under which modifications are permissible. Attendees will also examine the critical income, gift, estate, and generation-skipping transfer (GST) tax implications, along with best practices to protect trustees and beneficiaries from liability. Whether navigating outdated provisions, shifting family dynamics, or new tax considerations, this program equips professionals with the knowledge to effectively manage trust modifications in a way that balances flexibility with legal and ethical responsibilities.

Session Highlights:

• Explain the concept of decanting and how states have broadly adopted the concept by statute.
• Analyze scenarios where decanting could help clients achieve administrative or tax mitigation goals of a trust.
• Apply best practices to implement decanting and situations where decanting would not be appropriate.
• Evaluate common errors and compliance risks associated with decanting and how to avoid them.
• Understand the legal principles and state-specific rules governing trust decanting and modification
• Identify tax consequences of modifying or decanting a trust, including implications for estate, gift, and GST taxes
• Evaluate fiduciary duties and risk management strategies in the context of trust modification
• Apply practical solutions to align irrevocable trusts with evolving client goals and legal standard

Credits and Other Information:

• Recommended CPE credit – 2.0
• Recommended field of study – Taxes
• Session Prerequisites and preparation: None
• Session learning level: Basic
• Location: Virtual/Online
• Delivery method: Group Internet Based
• IRS Course ID: PJGWS-T-00111-25-O
• Attendance Requirement:  Yes
• Session Duration: 2 Hours
  • Case Studies and Live Q&A session with speaker
  • PowerPoint presentation for reference

Who Will Benefit:

• CPA
• Accountants
• Enrolled Agents (EAs)
• Tax Professionals
• Attorneys
• Other Tax Preparers
• Wealth Managers
• Finance professionals
• Financial planners

Coder Archives is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.