§ 36C-6-605 – Failure of disposition of property of a trust by lapse or otherwise.
36C-6-605. Failure of disposition of property of a trust by lapse or otherwise. (a) If a beneficiary under a revocable trust predeceases the execution of the trust or the settlor or is treated as having predeceased the settlor, and if the beneficiary is a grandparent of or a descendant of a grandparent of the settlor, […]
§ 36C-5-504 – Discretionary trusts; effect of standard.
36C-5-504. Discretionary trusts; effect of standard. (a) In this section: (1) "Child" includes any person for whom an order or judgment for child support has been entered in this or another state. (2) "Discretionary trust interest" means an interest in a trust that is subject to the trustee’s discretion, whether or not the discretion is […]
§ 36C-4C-1 – Proceedings for validity of a revocable trust.
36C-4C-1. Proceedings for validity of a revocable trust. A settlor may commence a judicial proceeding to establish the validity of a revocable trust pursuant to this Article. (2021-53, s. 1.1.)
§ 36C-4C-2 – Establishing validity of a revocable trust before death.
36C-4C-2. Establishing validity of a revocable trust before death. (a) During the settlor’s lifetime, any settlor of a revocable trust who is a resident of North Carolina may commence a judicial proceeding seeking a judicial declaration that the trust is valid. (b) The petition shall be filed with the Superior Court Division of the General […]
§ 36C-4C-3 – Venue.
36C-4C-3. Venue. The venue for a petition under this Article shall be as provided in G.S. 36C-2-204. (2021-53, s. 1.1.)
§ 36C-4C-4 – Contents of petition for revocable trust validity.
36C-4C-4. Contents of petition for revocable trust validity. (a) Petition. – A petition requesting an order declaring that a petitioner’s revocable trust is valid shall be verified and shall contain the following information: (1) A statement that the petitioner is a resident of North Carolina and specifying the county of the petitioner’s residence. (2) Allegations […]
§ 36C-4C-5 – Declaration by court; bar to contesting validity of trust.
36C-4C-5. Declaration by court; bar to contesting validity of trust. (a) If the court enters a judgment declaring a revocable trust to be valid, such judgment shall be binding upon all parties to the proceeding, including any persons represented in the proceeding, pursuant to the provisions of Article 3 of Chapter 36C of the General […]
§ 36C-4C-6 – Confidentiality.
36C-4C-6. Confidentiality. (a) Following the entry of a judgment, a party to the proceeding may move that the contents of the file be sealed and kept confidential, and upon such motion, the court shall seal the contents of the file from public inspection. The contents of the file shall not be released except by order […]
§ 36C-5-501 – Rights of beneficiary's creditor or assignee.
36C-5-501. Rights of beneficiary’s creditor or assignee. (a) Except as provided in subsection (b) of this section, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary’s interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means. The court may limit […]
§ 36C-5-502 – Spendthrift provision.
36C-5-502. Spendthrift provision. (a) A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary’s interest. (b) A term of a trust providing that the interest of a beneficiary is held subject to a "spendthrift trust", or words of similar import, is sufficient to restrain both voluntary and involuntary […]