North Carolina Uniform Trust Code
North Carolina · 36C · §§ 36C-1-101 to 36C-1-114 · 14 sections
Overview
This act provides a general statutory framework for the creation, administration, and enforcement of trusts, setting out default rules that yield to the terms of the trust alongside a narrower set of mandatory rules that cannot be overridden, with the common law of trusts and principles of equity continuing to supplement it. It covers such matters as governing law and the principal place of administration, notice to beneficiaries and who is entitled to receive it, rules of construction, and the recognition of resulting and constructive trusts. It also governs the consequences of a trustee's conduct — remedies and damages for breach of trust, attorney fees, time limits on actions against a trustee, exculpation clauses and beneficiary consent or release, limits on a trustee's personal liability to third parties, and protection for those who deal with a trustee in reliance on a certification of trust — while allowing interested parties to resolve certain questions among themselves through nonjudicial settlement agreements rather than in court.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 10 court decisions.
Most-cited authority: 203 N.C. App. 574 - First Charter Bank v. American Children's Home
Sections covered
- N.C. Gen. Stat. § 36C-1-101Short title1 cite
- N.C. Gen. Stat. § 36C-1-102Scope2 cites
- N.C. Gen. Stat. § 36C-1-103Definitions4 cites
- N.C. Gen. Stat. § 36C-1-104Knowledge
- N.C. Gen. Stat. § 36C-1-105Default and mandatory rules1 cite
- N.C. Gen. Stat. § 36C-1-106Common law of trusts; principles of equity1 cite
- N.C. Gen. Stat. § 36C-1-107Governing law
- N.C. Gen. Stat. § 36C-1-108Principal place of administration
- N.C. Gen. Stat. § 36C-1-109Methods and waiver of notice
- N.C. Gen. Stat. § 36C-1-110Others treated as qualified beneficiaries
- N.C. Gen. Stat. § 36C-1-111Nonjudicial settlement agreements
- N.C. Gen. Stat. § 36C-1-112Rules of construction1 cite
- N.C. Gen. Stat. § 36C-1-113Construction of certain formula clauses applicable to estates of decedents dying in calendar year 2010
- N.C. Gen. Stat. § 36C-1-114Insurable interest of trustee
Enacted in other states
Alabama, Colorado, Connecticut, District of Columbia, Hawaii, Kentucky, Massachusetts, Mississippi, Montana, North Dakota, Nebraska, New Jersey, New Mexico, Oklahoma, Oregon, Tennessee, West Virginia, Wyoming
All North Carolina named statutes →
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