(a) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust. (b) This subtitle does not create or imply a duty to exercise the decanting power or give notice to beneficiaries of the applicability of this subtitle. (c) Except as otherwise provided in a first trust instrument, for purposes of this title and §§ 14.5–801 and 14.5–802(a) of this article, the terms of the first trust are deemed to include the decanting power.
Maryland Legal Code