Decanting An Irrevocable Trust: Are These Trusts Really Irrevocable?
If revocable trusts are not irrevocable, could irrevocable trusts be revocable? Under the decanting statute in New York Estates, Powers & Trusts Law (“EPTL”) §10-6.6(n), trustees and beneficiaries of an irrevocable trust can decide to modify the trust without the need for court intervention.