36C-8B-25. Settlor.
(a) For the purposes of the laws of this State other than this Article and subject to subsection (b) of this section, a settlor of a first trust shall be deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power.
(b) In determining settlor intent with respect to a second trust, the intent of a settlor of the first trust, a settlor of the second trust, and the authorized fiduciary may be considered. (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.