§ 59-12-01 (401) Methods of creating trust
§ 59-12-02 (402) Requirements for creation
§ 59-12-03 (403) Trusts created in other jurisdictions
§ 59-12-04 (404) Trust purposes
§ 59-12-05 (405) Charitable purposes – Enforcement
§ 59-12-06 (406) Creation of trust induced by fraud, duress, or undue influence
§ 59-12-07 (407) Evidence of oral trust
§ 59-12-08 (408) Trust for care of animal
§ 59-12-09 (409) Noncharitable trust without ascertainable beneficiary
§ 59-12-10 (410) Modification or termination of trust – Proceedings for approval or disapproval
§ 59-12-11 (411) Modification or termination of noncharitable irrevocable trust by consent
§ 59-12-12 (412) Modification or termination because of unanticipated circumstances or inability to administer trust effectively
§ 59-12-13 (413) Cy pres
§ 59-12-14 (414) Modification or termination of uneconomic trust
§ 59-12-15 (415) Reformation to correct mistakes
§ 59-12-16 (416) Modification to achieve settlor’s tax objectives
§ 59-12-17 (417) Combination and division of trusts
§ 59-12-18 Requisites of trust relating to real property
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Terms Used In North Dakota Code > Chapter 59-12 - Creation, Validity, Modification, and Termination of Trust

  • 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
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Fraud: Intentional deception resulting in injury to another.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • 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.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Rule: includes regulation. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Statute: A law passed by a legislature.
  • Trustee: A person or institution holding and administering property in trust.
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37