The Fund Concept

Essential monthly newsletter for real estate attorneys in Florida

Published by The Fund's Legal Services department, The Fund Concept is our monthly newsletter that has proven to be essential reading for our attorney members. If you are looking for the latest developments in real estate law and the title industry, this is where you will find them. Since 1969, this publication has been an important resource for education and information.

The Fund Concept is also available online in electronic (PDF) format and requires Adobe's Acrobat Reader for viewing. Every issue of the Fund Concept, dating back to 1969, is currently available.

The Fund Concept Online allows you to download each issue, or search for articles that match your interests.

Decanting a Trust: Is There Reason to “Wine” About It?

By Benjamin Jepson, Fund Sr. Underwriting Counsel

Most people are familiar with decanting wine but do not know that a trust can also be decanted. According to Merriam-Webster.com, the term “decant” is defined as, “to pour out, transfer, or unload as if by pouring.” That is essentially what decanting a trust is. When a trust is decanted, the authorized trustee uses their authority to invade the trust principal to appoint all or some of the assets of the original trust to another trust. The...