36C-8B-9. Court involvement.
(a) An authorized fiduciary, a beneficiary, or a person entitled to notice under G.S. 36C-8B-7(b) may commence a proceeding for any of the following purposes:
(1) To approve or disapprove a proposed exercise of the authorized fiduciary's decanting power.
(2) To appoint a special fiduciary to exercise the decanting power.
(b) Nothing in this section shall affect the right of a person to file an action in the superior court division of the General Court of Justice for declaratory relief under Article 26 of Chapter 1 of the General Statutes, including, but not limited to, an action to determine the extent to which G.S. 36C-8B-22 applies to a prior exercise of the decanting power. (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.