36C-6-601. Capacity of settlor of revocable trust. The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will. (2005-192, s. 2.)
36C-6-602. Revocation or amendment of revocable trust. (a) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust without regard to the actual capacity of the settlor. This subsection does not apply to a trust created under an instrument executed before the effective date […]
36C-6-602.1. Exercise of settlor’s powers with respect to revocable trust by agent or guardian. (a) An agent acting under a power of attorney may exercise any of the following powers of the settlor with respect to a revocable trust only to the extent expressly authorized by the terms of the trust or the power of […]
36C-6-603. Settlor’s control of revocable trust. (a) While a trust is revocable, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor. If a trustee is a settlor, the trustee’s actions are presumed to be taken at the direction of the settlor. (b) […]
36C-6-604. Limitation on action contesting validity of revocable trust; distribution of trust property. (a) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor’s death within the earlier of: (1) Three years after the settlor’s death; or (2) 120 days after the trustee sent the […]
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-6-606. Revocation of provisions in revocable trust by divorce or annulment; revival. Dissolution of the settlor’s marriage by absolute divorce or annulment after executing a revocable trust revokes all provisions in the trust in favor of the settlor’s former spouse, including, but not by way of limitation, any provision conferring a general or special power […]
36C-6-607. Modification or termination of a revocable trust. (a) A revocable trust may be modified or terminated by the court pursuant to any of the methods for modification or termination of an irrevocable trust set forth in G.S. 36C-4-411(b) or (c), 36C-4-412, 36C-4-415, or 36C-4-416. (b) The settlor is a necessary party to any proceeding […]
