36C-4-405.1. Enforcement of charitable gift or trust.
(a) The settlor of a charitable trust, the Attorney General, the district attorney, a beneficiary, or any other interested party may maintain a proceeding to enforce a charitable trust, including the following:
(1) A proceeding to require a trustee to make a selection as may be necessary to establish the charitable beneficiaries or purposes for which the trust was established, as provided in subdivisions (d)(1) and (d)(2) of G.S. 36C-4-405;
(2) A proceeding for breach of fiduciary duty if there is reason to believe that the trust property has been mismanaged through negligence or fraud; and
(3) A proceeding for an accounting of the trustee's administration of the trust.
(b) The donor of a charitable gift, the Attorney General, the district attorney, or any other interested party may maintain a proceeding to enforce the gift, including a proceeding to require the recipient of the gift to make a selection as may be necessary to establish the charitable beneficiaries or purposes for which the gift was intended, as provided in subdivisions (d)(1) and (d)(2) of G.S. 36C-4-405. (2005-192, s. 2.)
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.