N.C. Gen. Stat. § 36C-6-606
Revocation of provisions in revocable trust by divorce or annulment; revival
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
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 of appointment on the former spouse and any appointment of the former spouse as trustee. Property prevented from passing to the former spouse because of revocation by divorce or absolute annulment passes as if the former spouse failed to survive the settlor, and other provisions conferring some power or office on the former spouse are interpreted as if the former spouse failed to survive the settlor. If provisions are revoked solely by this section, they are revived by the settlor's remarriage to the former spouse. The reference to "former spouse" in this section includes a purported former spouse.
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 of appointment on the former spouse and any appointment of the former spouse as trustee. Property prevented from passing to the former spouse because of revocation by divorce or absolute annulment passes as if the former spouse failed to survive the settlor, and other provisions conferring some power or office on the former spouse are interpreted as if the former spouse failed to survive the settlor. If provisions are revoked solely by this section, they are revived by the settlor’s remarriage to the former spouse. The reference to “former spouse” in this section includes a purported former spouse.
History
(2007-106, s. 26.)
NORTH CAROLINA COMMENT (2007)
Effective October 1, 2007, this section, which provides for the revocation of provisions in a revocable trust in favor of the settlor's former spouse upon the dissolution of the settlor's marriage by absolute divorce or annulment, is not a part of the Uniform Trust Code. The section tracks generally and makes applicable to revocable trusts the provisions of G.S. 31-5.4 revoking the provisions in a will in favor of the testator's former spouse upon the dissolution of the marriage by absolute divorce or annulment. It does not bring forward the language in G.S. 31-5.4 that the revocation of the provisions in favor of the former spouse does not apply if the instrument provides otherwise. This language was omitted in view of the general provision in G.S. 36C-1-105(b) that the terms of the trust prevail over any provision in Chapter 36C, subject to certain exceptions not applicable to G.S. 36C-6-606.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.