36C-8A-4.2. Defenses in action against power holder.
In an action against a power holder for breach of trust, the power holder may assert the same defenses that a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee, including the following:
(1) Reasonable reliance on the terms of a trust pursuant to G.S. 36C-9-901(b) and G.S. 36C-10-1006.
(2) Reasonable care in ascertaining the happening of an event affecting the administration or distribution of a trust pursuant to G.S. 36C-10-1007.
(3) Beneficiary's consent, release, or ratification pursuant to G.S. 36C-10-1009. (2021-85, s. 2(c).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 36C - North Carolina Uniform Trust Code
§ 36C-8A-1 - "Power holder" defined.
§ 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-4.1 - Limitations of actions against power holder for breach of trust.
§ 36C-8A-4.2 - Defenses in action against power holder.
§ 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 - Vacancy in the office of the power holder.
§ 36C-8A-9 - More than one power holder.
§ 36C-8A-10 - Resignation of power holder.