GroundRules
← Search the law
North Carolina · Through S.L. 2026-30

N.C. Gen. Stat. § 36C-8B-3: Scope.

Read at publisher ↗
Where this section sits in the code
  1. Chapter 36C. North Carolina Uniform Trust Code.
  2. Article 8B. North Carolina Uniform Trust Decanting Act.

(a) Except as otherwise provided in this section, this Article applies to an express trust that is irrevocable or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest.

(b) This Article shall not apply to a trust held solely for charitable purposes as described in G.S. 36C-4-405(a).

(c) Subject to G.S. 36C-8B-15, a trust instrument may restrict or prohibit exercise of the decanting power.

(d) This Article shall not limit the power of a trustee, power holder, or other person to distribute or appoint property in further trust or to modify a trust under the trust instrument, law of this State other than this Article, common law, a court order, or a nonjudicial settlement agreement.

(e) This Article shall not affect the ability of a settlor to provide in a trust instrument for the distribution of the trust property or appointment in further trust of the trust property or for modification of the trust instrument. (2017-121, s. 1.)

Collected 2026-08-27T18:01:17Z. Source file · JSON

Browse this collection