§ 36C-2-206 – Representation of parties.
36C-2-206. Representation of parties. (a) Notwithstanding any other applicable rule of the Rules of Civil Procedure or provision of Chapter 1 of the General Statutes, in any trust proceeding, whether brought before the clerk of superior court or in the superior court division of the General Court of Justice, the parties shall be represented as […]
§ 36C-1-105 – Default and mandatory rules.
36C-1-105. Default and mandatory rules. (a) Except as otherwise provided in the terms of the trust, this Chapter governs the duties and powers of a trustee and a power holder under Article 8A of this Chapter, relations among trustees and those power holders, and the rights and interests of a beneficiary. (b) The terms of […]
§ 36C-1-106 – Common law of trusts; principles of equity.
36C-1-106. Common law of trusts; principles of equity. The common law of trusts and principles of equity supplement this Chapter, except to the extent modified by this Chapter or another statute of this State. (2005-192, s. 2.)
§ 36C-1-107 – Governing law.
36C-1-107. Governing law. (a) The meaning and effect of the terms of a trust are determined by any of the following: (1) The law of the jurisdiction designated in the terms unless the designation of that jurisdiction’s law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the […]
§ 36C-1-108 – Principal place of administration.
36C-1-108. Principal place of administration. (a) Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if: (1) A trustee’s principal place of business is located in, or a trustee is a resident of, the designated jurisdiction; or […]
§ 36C-1-109 – Methods and waiver of notice.
36C-1-109. Methods and waiver of notice. (a) Subject to subsection (d) of this section, notice to a person under this Chapter or the sending of a document to a person under this Chapter must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. […]
§ 36C-1-110 – Others treated as qualified beneficiaries.
36C-1-110. Others treated as qualified beneficiaries. (a) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this Chapter if the charitable organization, on the date the charitable organization’s qualification is being determined: (1) Is a distributee or permissible distributee of trust […]
§ 36C-1-101 – Short title.
36C-1-101. Short title. This Chapter may be cited as the North Carolina Uniform Trust Code. (2005-192, s. 2.)
§ 36C-1-102 – Scope.
36C-1-102. Scope. This Chapter applies to any express trust, private or charitable, with additions to the trust, wherever and however created. The term "express trust" includes both testamentary and inter vivos trusts, regardless of whether the trustee is required to account to the clerk of superior court. This Chapter also applies to any trust created […]
§ 36C-1-103 – Definitions.
36C-1-103. Definitions. The following definitions apply in this Chapter: (1) Action. – When applicable to an act of a trustee, includes a failure to act. (2) Ascertainable standard. – A standard relating to an individual’s health, education, support, or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code. (3) Beneficiary. […]