Need to distribute not required. [Effective January 1, 2026.]

Ark. Code Ann. § 28-78-121 — under UNIFORM TRUST DECANTING ACT [Effective January 1, 2026.].

Ark. Code Ann. § 28-78-121

An authorized fiduciary may exercise the decanting power whether or not under the first trust's discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise.