§ 36C-8B-1 Short title
§ 36C-8B-2 Definitions
§ 36C-8B-3 Scope
§ 36C-8B-4 Fiduciary duty
§ 36C-8B-5 Application; governing law
§ 36C-8B-6 Reasonable reliance
§ 36C-8B-7 Notice; exercise of decanting power
§ 36C-8B-9 Court involvement
§ 36C-8B-10 Formalities
§ 36C-8B-11 Decanting power
§ 36C-8B-13 Trust for beneficiary with disability
§ 36C-8B-15 Trust limitation on decanting
§ 36C-8B-16 Change in compensation
§ 36C-8B-17 Relief from liability and indemnification
§ 36C-8B-18 Removal or replacement of authorized fiduciary
§ 36C-8B-19 Tax-related limitations
§ 36C-8B-20 Duration of second trust
§ 36C-8B-21 Need to distribute not required
§ 36C-8B-22 Saving provision
§ 36C-8B-24 Terms of second trust
§ 36C-8B-25 Settlor
§ 36C-8B-26 Later-discovered property

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Terms Used In North Carolina General Statutes > Chapter 36C > Article 8B - North Carolina Uniform Trust Decanting Act

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Fiduciary: A trustee, executor, or administrator.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Trustee: A person or institution holding and administering property in trust.