36C-8B-10. Formalities.
An exercise of the decanting power shall be made in a written instrument signed by an authorized fiduciary. The signed written instrument shall identify, directly or by reference to the notice required by G.S. 36C-8B-7, the first trust and the second trust or trusts and state the property of the first trust being distributed to each second trust and the property, if any, that remains in the first trust. (2017-121, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 36C - North Carolina Uniform Trust Code
Article 8B - North Carolina Uniform Trust Decanting Act.
§ 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-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.