Removal or replacement of authorized fiduciary. [Effective January 1, 2026.]

Ark. Code Ann. § 28-78-118 — under UNIFORM TRUST DECANTING ACT [Effective January 1, 2026.].

Ark. Code Ann. § 28-78-118

(1) An authorized fiduciary shall not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless the:(1) Person holding the power consents to the modification in a signed record and the modification applies only to the person;(2) Person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or(3) Court approves the modification and the modification grants a substantially similar power to another person.

(1) Person holding the power consents to the modification in a signed record and the modification applies only to the person;

(2) Person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or

(3) Court approves the modification and the modification grants a substantially similar power to another person.