(a) If a first trust instrument specifies an authorized fiduciaryâs compensation, the fiduciary may not exercise the decanting power to increase the fiduciaryâs compensation above the specified compensation unless either of the following occurs: (1) All qualified beneficiaries of the second trust consent to the increase in a signed writing. (2) The increase is approved by the court. (b) If a first trust instrument does not specify an authorized fiduciaryâs compensation, the fiduciary may not exercise the decanting power to increase the fiduciaryâs compensation above the compensation permitted by this code unless either of the following occurs: (1) All qualified beneficiaries of the second trust consent to the increase in a signed writing. (2) The increase is approved by the court. (c) (1) A change in an authorized fiduciaryâs compensation which is incidental to other changes made by the exercise of the decanting power is not an increase in the fiduciaryâs compensation for purposes of subdivisions (a) and (b). (2) For purposes of this subdivision, an incidental change to an authorized fiduciaryâs compensation includes, but is not limited to, an increase in the compensation of the authorized fiduciary for either of the following reasons: (A) The second trust lasts longer than the first trust. (B) The second trust has a greater value than the first trust.
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