§ 36C-4-408 – Trust for care of animal.
36C-4-408. Trust for care of animal. (a) Subject to this section, a trust for the care of one or more designated domestic or pet animals alive at the time of creation of the trust is valid. (b) Except as expressly provided otherwise in the trust instrument, no portion of the principal or income may be […]
§ 36C-3-305 – Appointment of representative; scope of representation.
36C-3-305. Appointment of representative; scope of representation. (a) If the court determines that an interest is not represented under this Article, or that the otherwise available representation might be inadequate, the court may appoint a guardian ad litem to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, an […]
§ 36C-4-401 – Methods of creating trust.
36C-4-401. Methods of creating trust. A trust may be created by any of the following methods: (1) Transfer of property by a settlor to a person as trustee during the settlor’s lifetime or by will or other disposition taking effect upon the settlor’s death including either of the following: a. The devise to the trustee […]
§ 36C-4-401.1 – Interest of trustee as beneficiary of life insurance or other death benefit sufficient to support inter vivos or testamentary trust.
36C-4-401.1. Interest of trustee as beneficiary of life insurance or other death benefit sufficient to support inter vivos or testamentary trust. (a) The interest of a trustee as the beneficiary of a life insurance policy is a sufficient property interest or res to support the creation of an inter vivos or testamentary trust notwithstanding the […]
§ 36C-2-207 – Waiver of notice.
36C-2-207. Waiver of notice. A party, or the representative of the party as provided in G.S. 36C-2-206, may waive notice by a writing signed by the party, the representative, or the attorney of the party or the representative, and filed in the proceeding. (2001-413, s. 1; 2005-192, s. 2.)
§ 36C-2-208 – Accounting to clerk.
36C-2-208. Accounting to clerk. (a) No trustee, including a trustee appointed by the clerk of superior court, is required to account to the clerk of superior court unless the trust instrument directs that the trustee is required to account to the clerk of superior court or unless the trustee is otherwise required by law to […]
§ 36C-2-209 – Qualification and accounting of trustee of a testamentary trust.
36C-2-209. Qualification and accounting of trustee of a testamentary trust. (a) For any testamentary trust created under a will of a decedent executed before January 1, 2004, the trustee shall first qualify under the laws applicable to executors, and shall file in the office of the clerk of superior court of the county where the […]
§ 36C-3-301 – Representationbasic effect.
36C-3-301. Representation: basic effect. (a) Notice to a person who may represent and bind another person under this Article has the same effect as if notice were given directly to the other person. (b) The consent of a person who may represent and bind another person under this Article is binding on the person represented […]
§ 36C-3-302 – Representation by holder of power of revocation or general power of appointment.
36C-3-302. Representation by holder of power of revocation or general power of appointment. The sole holder or all coholders of a power of revocation or a presently exercisable or testamentary general power of appointment, including one in the form of a power of amendment, shall represent and bind other persons to the extent that their […]
§ 36C-3-303 – Representation by fiduciaries, parents, and other persons.
36C-3-303. Representation by fiduciaries, parents, and other persons. To the extent that there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute involving a trust: (1) A general guardian or a guardian of the estate may represent and bind […]