§ 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-1-111 – Nonjudicial settlement agreements.
36C-1-111. Nonjudicial settlement agreements. (a) For purposes of this section, "interested persons" means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court. (b) Interested persons may enter into a binding nonjudicial settlement agreement with respect to any of the following matters involving […]
§ 36C-1-112 – Rules of construction.
36C-1-112. Rules of construction. The rules of construction that apply in this State to the interpretation of and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property. (2005-192, s. 2.)
§ 36C-1-113 – Construction of certain formula clauses applicable to estates of decedents dying in calendar year 2010.
36C-1-113. Construction of certain formula clauses applicable to estates of decedents dying in calendar year 2010. (a) Purpose. – The federal estate tax and generation-skipping transfer tax expired January 1, 2010, for one year. To carry out the intent of decedents in the construction of wills and trusts and to promote judicial economy in the […]
§ 36C-1-114 – Insurable interest of trustee.
36C-1-114. Insurable interest of trustee. (a) As used in this section, the term "settlor" means a person that executes a trust instrument. The term includes a person for whom a fiduciary or agent is acting. (b) A trustee of a trust has an insurable interest in the life of an individual insured under a life […]
§ 36C-2-201 – Role of court in administration of trust.
36C-2-201. Role of court in administration of trust. (a) The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by a party or as provided by law. (b) A trust is not subject to continuing judicial supervision, except as provided in G.S. 36C-2-208 and G.S. 36C-2-209, unless ordered […]
§ 36C-2-202 – Jurisdiction over trustee and beneficiary.
36C-2-202. Jurisdiction over trustee and beneficiary. (a) By accepting the trusteeship of a trust having its principal place of administration in this State, or by moving the principal place of administration to this State, the trustee submits personally to the jurisdiction of the courts of this State regarding any matter involving the trust. (b) With […]
§ 36C-2-203 – Subject matter jurisdiction.
36C-2-203. Subject matter jurisdiction. (a) The clerks of superior court of this State have original jurisdiction over all proceedings concerning the internal affairs of trusts. Except as provided in subdivision (9) of this subsection, the clerk of superior court’s jurisdiction is exclusive. Proceedings concerning the internal affairs of the trust are those concerning the administration […]
§ 36C-2-204 – Venue.
36C-2-204. Venue. In any trust proceeding, whether brought before the clerk of superior court or the Superior Court Division of the General Court of Justice, the following rules apply: (1) If the trustee is required to account to the clerk of superior court, venue for proceedings under G.S. 36C-2-203 involving trusts is the place where […]
§ 36C-2-205 – Commencement of proceedings, pleadings, consolidation, and joinder.
36C-2-205. Commencement of proceedings, pleadings, consolidation, and joinder. (a) Contested Proceedings. – Trust proceedings before the clerk of superior court brought against adverse parties shall be commenced as is prescribed for civil actions. Upon the filing of the petition or complaint, the clerk of superior court shall docket the cause as an estate matter. All […]