§44D-8B-28. Uniformity of Application and Construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

§44D-8B-29. Relation to Electronic Signatures in Global and National Commerce Act

This article modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in 103(b) of that act, 15 U.S.C. 7003(b).

§44D-8B-3. Scope

(a) Except as otherwise provided in subsections (b) and (c) of this section, this article applies to an express trust that is irrevocable or revocable by the grantor only with the consent of the trustee or a person holding an adverse interest. (b) This article does not apply to a trust held solely for charitable […]

§44D-8B-30. Severability

If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.

§44D-8B-31. Effective Date

This article takes effect on July 1, 2020.

§44D-8B-4. Fiduciary Duty

(a) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust. (b) This article does not create or imply a duty to exercise the decanting power or to inform beneficiaries about the applicability of this […]

§44D-8B-5. Application; Governing Law

This article applies to a trust created before, on, or after the effective date of this article which: (1) Has its principal place of administration in this state, including a trust whose principal place of administration has been changed to this state; or

§44D-8B-6. Reasonable Reliance

A trustee or other person that reasonably relies on the validity of a distribution of part or all of the property of a trust to another trust, or a modification of a trust, under this article, law of this state other than this article, or the law of another jurisdiction is not liable to any […]

§44D-8B-7. Notice; Exercise of Decanting Power

(a) In this section, a notice period begins on the day notice is given under subsection (c) of this section and ends 59 days after the day notice is given. (b) Except as otherwise provided in this article, an authorized fiduciary may exercise the decanting power without the consent of any person and without court […]

§44D-8B-8. Representation

(a) Notice to a person with authority to represent and bind another person under a first-trust instrument or the provisions of this chapter has the same effect as notice given directly to the person represented. (b) Consent of or waiver by a person with authority to represent and bind another person under a first-trust instrument […]

§44D-8B-9. Court Involvement

(a) On application of an authorized fiduciary, a person entitled to notice under 44D-8B-7(c) of this code, a beneficiary, or with respect to a charitable interest any other person that has standing to enforce the charitable interest, the court may: (1) Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting […]