37A-1-104.8. No liability on part of trustee or disinterested person acting in good faith.
No trustee or disinterested person who in good faith takes or fails to take any action under this Part shall be liable to any person affected by the action or inaction, regardless of whether the person received written notice as provided in this Part and regardless of whether the person was under a legal disability at the time of the delivery of the notice. The exclusive remedy for any person affected by an action or inaction shall be to obtain an order of the court directing the trustee (i) to convert an income trust to a total return unitrust, (ii) to reconvert from a total return unitrust to an income trust, or (iii) to change the percentage used to calculate the unitrust amount. (2003-232, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 37A - Uniform Principal and Income Act
§ 37A-1-103 - Fiduciary duties; general principles.
§ 37A-1-104 - Trustee's power to adjust.
§ 37A-1-104.2 - Conversion in trustee's discretion without court approval.
§ 37A-1-104.3 - Conversion with court approval.
§ 37A-1-104.4 - Determination of unitrust amount.
§ 37A-1-104.5 - Matters in trustee's discretion.
§ 37A-1-104.6 - No effect on principal distributions.
§ 37A-1-104.8 - No liability on part of trustee or disinterested person acting in good faith.
§ 37A-1-104.9 - Applicability.
§ 37A-1-104.22 - Determination of unitrust amount.
§ 37A-1-104.23 - Effect of distribution of unitrust amount.
§ 37A-1-104.24 - Change or conversion of unitrust amount.
§ 37A-1-104.25 - Determination of character of unitrust amount.
§ 37A-1-104.26 - Unitrust amount in excess of a five percent payout.