News & Resources

Massachusetts Lawyers Weekly Article, “Trust decanting post-‘Kraft’: the SJC speaks again” by Joseph L. Bierwirth Jr. and Ryan P. McManus

Massachusetts Lawyers Weekly

Joseph L. Bierwirth Jr., Ryan P. McManus

5/8/2017

The Supreme Judicial Court recently had an opportunity once more to provide common law guidance to trust and estate practitioners on the trust planning technique known as “decanting.”

The decision, Ferri v. Powell-Ferri, 476 Mass. 651 (2017), follows the court’s ruling in Morse v. Kraft, 466 Mass. 92 (2013). The Ferri case underscores the substantive law principles articulated in Kraft, and affirms the common-law authority of trustees of a Massachusetts irrevocable trust to decant the trust assets to a new irrevocable trust with different terms, provided that such decanting is permitted by the terms of the trust.

To read the full article, please click here:
Massachusetts Lawyers Weekly Article, “Trust decanting post-‘Kraft’: the SJC speaks again”

X
Disclaimer

Communications Policy for Hemenway & Barnes

Thank you for your interest in Hemenway & Barnes, but merely communicating with Hemenway & Barnes LLP or a Hemenway & Barnes lawyer or employee will not create a lawyer-client relationship. Such a relationship will not arise unless and until the firm agrees with you in writing to handle a particular matter. Unless and until this has occurred, you should not convey to us any information you regard as personal or confidential, because any such information will not be treated by us as confidential or subject to any confidentiality requirements.

Our website offers several opportunities for visitors to request information. We use this contact information to send users information about our firm and their selected areas of interest. We may not be able to respond to your request for a variety of reasons, but appreciate your interest in our firm.