North Carolina General Assembly
NC General Statutes
Chapter 36C - North Carolina Uniform Trust Code.
The Statutes on the North Carolina General Assembly website reflect changes made in the
legislative session, through 7/30/2016.
§ 36C-1-101. Short title.
§ 36C-1-102. Scope.
§ 36C-1-103. Definitions.
§ 36C-1-104. Knowledge.
§ 36C-1-105. Default and mandatory rules.
§ 36C-1-106. Common law of trusts; principles of equity.
§ 36C-1-107. Governing law.
§ 36C-1-108. Principal place of administration.
§ 36C-1-109. Methods and waiver of notice.
§ 36C-1-110. Others treated as qualified beneficiaries.
§ 36C-1-111. Nonjudicial settlement agreements.
§ 36C-1-112. Rules of construction.
§ 36C-1-113. Construction of certain formula clauses applicable to estates of decedents dying in calendar year 2010.
§ 36C-1-114. Insurable interest of trustee.
§ 36C-2-201. Role of court in administration of trust.
§ 36C-2-202. Jurisdiction over trustee and beneficiary.
§ 36C-2-203. Subject matter jurisdiction.
§ 36C-2-204. Venue.
§ 36C-2-205. Commencement of proceedings, pleadings, consolidation, and joinder.
§ 36C-2-206. Representation of parties.
§ 36C-2-207. Waiver of notice.
§ 36C-2-208. Accounting to clerk.
§ 36C-2-209. Qualification and accounting of trustee of a testamentary trust.
§ 36C-3-301. Representation: basic effect.
§ 36C-3-302. Representation by holder of power of revocation or general power of appointment.
§ 36C-3-303. Representation by fiduciaries, parents, and other persons.
§ 36C-3-304. Representation by person having substantially identical interest.
§ 36C-3-305. Appointment of representative; scope of representation.
Creation, Validity, Modification, and Termination of Trust.
§ 36C-4-401. Methods of creating trust.
§ 36C-4-401.1. Interest of trustee as beneficiary of life insurance or other death benefit sufficient to support inter vivos or testamentary trust.
§ 36C-4-401.2. Creation of trust by a court.
§ 36C-4-402. Requirements for creation.
§ 36C-4-403. Trusts created in other jurisdictions.
§ 36C-4-404. Trust purposes.
§ 36C-4-405. Charitable purposes.
§ 36C-4-405.1. Enforcement of charitable gift or trust.
§ 36C-4-405.2. Spending rules applicable to charitable trusts.
§ 36C-4-406. Creation of trust induced by fraud, duress, or undue influence.
§ 36C-4-407. Evidence of oral trust.
§ 36C-4-408. Trust for care of animal.
§ 36C-4-409. Noncharitable trust without ascertainable beneficiary.
§ 36C-4-410. Modification or termination of trust; proceedings for approval or disapproval.
§ 36C-4-411. Modification or termination of noncharitable irrevocable trust by consent.
§ 36C-4-412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively.
§ 36C-4-413. Cy pres.
§ 36C-4-414. Modification or termination of uneconomic trust.
§ 36C-4-415. Reformation to correct mistakes.
§ 36C-4-416. Modification to achieve settlor's tax objectives.
§ 36C-4-417. Combination and division of trusts.
§ 36C-4-418. Distribution upon termination of trust.
§ 36C-4-419. Effect of inalienable interest on modification or termination.
Tax Status of Charitable Trusts.
§ 36C-4A-1. Prohibited transactions.
§ 36C-4A-2. Reformation of charitable remainder trust.
Charitable Remainder Trust Administration Act.
§ 36C-4B-1. Short title.
§ 36C-4B-2. General rule.
§ 36C-4B-3. Definitions.
§ 36C-4B-4. Administrative provisions applicable to both charitable remainder annuity trusts and charitable remainder unitrusts.
§ 36C-4B-5. Administrative provisions applicable to charitable remainder trusts only.
§ 36C-4B-6. Administrative provisions applicable to charitable remainder unitrusts only.
§ 36C-4B-7. Interpretation.
Creditors' Claims; Spendthrift and Discretionary Trusts.
§ 36C-5-501. Rights of beneficiary's creditor or assignee.
§ 36C-5-502. Spendthrift provision.
§ 36C-5-503. Exceptions to spendthrift provision.
§ 36C-5-504. Discretionary trusts; effect of standard.
§ 36C-5-505. Creditor's claim against settlor.
§ 36C-5-506. Overdue distribution.
§ 36C-5-507. Personal obligations of trustee.
§ 36C-5-508. Protective trusts.
§ 36C-6-601. Capacity of settlor of revocable trust.
§ 36C-6-602. Revocation or amendment of revocable trust.
§ 36C-6-602.1. Exercise of settlor's powers with respect to revocable trust by agent or guardian.
§ 36C-6-603. Settlor's control of revocable trust.
§ 36C-6-604. Limitation on action contesting validity of revocable trust; distribution of trust property.
§ 36C-6-605. Failure of disposition of property of a trust by lapse or otherwise.
§ 36C-6-606. Revocation of provisions in revocable trust by divorce or annulment; revival.
§ 36C-6-607. Modification or termination of a revocable trust.
Office of Trustee.
§ 36C-7-701. Accepting or declining trusteeship.
§ 36C-7-702. Trustee's bond.
§ 36C-7-703. Cotrustees.
§ 36C-7-704. Vacancy in trusteeship; appointment of successor.
§ 36C-7-705. Resignation of trustee.
§ 36C-7-706. Removal of trustee.
§ 36C-7-707. Delivery of property by former trustee.
§ 36C-7-708. Compensation of trustee.
§ 36C-7-709. Reimbursement of expenses.
Duties and Powers of Trustee.
§ 36C-8-801. Duty to administer trust.
§ 36C-8-802. Duty of loyalty.
§ 36C-8-803. Impartiality.
§ 36C-8-804. Prudent administration.
§ 36C-8-805. Cost of administration.
§ 36C-8-806. Trustee's skills.
§ 36C-8-807. Delegation by trustee.
§ 36C-8-808. Powers of a settlor to take certain actions with respect to the trust.
§ 36C-8-809. Control and protection of trust property.
§ 36C-8-810. Record keeping and identification of trust property.
§ 36C-8-811. Enforcement and defense of claims.
§ 36C-8-812. Collecting trust property.
§ 36C-8-813. Duty to inform and report.
§ 36C-8-814. Discretionary powers; tax savings.
§ 36C-8-815. General powers of trustee.
§ 36C-8-816. Specific powers of trustee.
§ 36C-8-816.1. Trustee's special power to appoint to a second trust.
§ 36C-8-817. Distribution upon termination.
§ 36C-8-818. Notice of deceased Medicaid beneficiaries.
Powers, Duties, and Liability of a Power Holder Other Than a Trustee; Duty and Liability of a Trustee With Respect to Power Holder's Actions.
§ 36C-8A-1. Definition.
§ 36C-8A-2. Powers of a power holder.
§ 36C-8A-3. Duty and liability of power holder.
§ 36C-8A-4. Duty and liability of trustee.
§ 36C-8A-5. Compensation and reimbursement of expenses of power holder.
§ 36C-8A-6. Jurisdiction over power holder.
§ 36C-8A-7. Accepting or declining the appointment as power holder.
§ 36C-8A-8. Powers of trustee in the absence of a power holder.
§ 36C-8A-9. More than one power holder.
§ 36C-8A-10. Resignation of power holder.
§ 36C-8A-11. Removal of power holder.
Uniform Prudent Investor Act.
§ 36C-9-901. Prudent investor rule; applicability.
§ 36C-9-902. Standard of care; portfolio strategy; risk and return objectives.
§ 36C-9-903. Diversification.
§ 36C-9-903.1. Duties as to life insurance.
§ 36C-9-904. Duties at inception of trusteeship.
§ 36C-9-905. Reviewing compliance.
§ 36C-9-906. Effect on charitable remainder trusts.
§ 36C-9-907. Short title.
Liability of Trustees and Rights of Persons Dealing with Trustees.
§ 36C-10-1001. Remedies for breach of trust.
§ 36C-10-1002. Damages for breach of trust.
§ 36C-10-1003. Liability in absence of breach.
§ 36C-10-1004. Attorneys' fees and costs.
§ 36C-10-1005. Limitation of action against trustee.
§ 36C-10-1006. Reliance on trust instrument.
§ 36C-10-1007. Event affecting administration or distribution.
§ 36C-10-1008. Exculpation of trustee.
§ 36C-10-1009. Beneficiary's consent, release, or ratification.
§ 36C-10-1010. Limitation on personal liability of trustee.
§ 36C-10-1011. Interest as general partner.
§ 36C-10-1012. Protection of person dealing with trustee.
§ 36C-10-1013. Certification of trust.
§ 36C-11-1101. Uniformity of application and construction.
§ 36C-11-1102. Electronic records and signatures.
§ 36C-11-1103. Severability clause.
§ 36C-11-1104. Trustee signatures.
§ 36C-11-1105: Reserved for future codification purposes.
§ 36C-11-1106. Application to existing relationships.