36C-4-401. Methods of creating trust.
A trust may be created by any of the following methods:
(1) Transfer of property by a settlor to a person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death including either of the following:
a. The devise to the trustee of the trust as provided in G.S. 31-47.
b. The designation of the trust as beneficiary of life insurance or other death benefits as provided in G.S. 36C-4-401.1.
(2) Declaration by the owner of property that the owner holds identifiable property as trustee unless the transfer of title of that property is otherwise required by law.
(3) Exercise of a power of appointment in favor of a trustee.
(4) A court by judgment, order, or decree, including the establishment of a trust pursuant to section 1396p(d)(4) of Title 42 of the United States Code. (2005-192, s. 2; 2007-106, s. 14; 2009-267, s. 2; 2011-284, s. 45.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 36C - North Carolina Uniform Trust Code
Article 4 - Creation, Validity, Modification, and Termination of Trust.
§ 36C-4-401 - Methods of creating 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-4-405 - 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-4-414 - 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.