36C-8B-16. Change in compensation.
(a) If a first trust specifies an authorized fiduciary's compensation, the fiduciary shall not exercise the decanting power to increase the fiduciary's compensation above the specified compensation unless either of the following conditions is satisfied:
(1) All qualified beneficiaries of the second trust consent to the increase in a signed written instrument.
(2) The increase is approved by the clerk of superior court pursuant to G.S. 36C-2-203(a)(3).
(b) For the purposes of this section, a change in an authorized fiduciary's compensation which is incidental to other changes made by the exercise of the decanting power shall not be deemed an increase in the fiduciary's compensation. (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.