reglab/housing_qa huggingface dataset:
NC Gen Stat § 36C-3-302 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 3 - Representation.|§ 36C-3-302 - Representation by holder of power of revocation or general power of appointment.

 36C-3-302. Representation by holder of power of revocation or general power of appointment.The sole holder or all coholders of a power of revocation or a presently exercisable or testamentary general power of appointment, including one in the form of a power of amendment, shall represent and bind other persons to the extent that their interests, as takers in default, are subject to the power.  (2005-192, s. 2; 2009-222, s. 2; 2010-96, s. 8.)
NC Gen Stat § 36C-3-303 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 3 - Representation.|§ 36C-3-303 - Representation by fiduciaries, parents, and other persons.

 36C-3-303. Representation by fiduciaries, parents, and other persons.To the extent that there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute involving a trust:(1) A general guardian or a guardian of the estate may represent and bind the estate that the guardian controls.(2) Repealed by Session Laws 2007-106, s. 11, effective October 1, 2007.(3) An agent under a power of attorney having authority to act with respect to the particular question or dispute may represent and bind the principal.(4) A trustee may represent and bind the beneficiaries of the trust unless the question or dispute involves the internal affairs of the trust.(5) A personal representative of a decedent's estate may represent and bind persons interested in the estate.(6) A parent may represent and bind the parent's minor child if a general guardian or guardian of the estate for the child has not been appointed. If a disagreement arises between parents seeking to represent the same minor child, the parent who is a beneficiary of the trust that is the subject of the representation is entitled to represent the minor child or, if no parent is a beneficiary of the trust that is the subject of the representation, a parent who is a lineal descendant of the settlor is entitled to represent the minor child, or if no parent is a lineal descendant of the settlor, a guardian ad litem shall be appointed to represent the minor child.(7) A person may represent and bind that person's unborn issue. (2005-192, s. 2; 2007-106, s. 11.)
NC Gen Stat § 36C-3-304 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 3 - Representation.|§ 36C-3-304 - Representation by person having substantially identical interest.

 36C-3-304. Representation by person having substantially identical interest.Unless otherwise represented under this Article, a minor, an incompetent or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent that there is no conflict of interest between the representative and the person represented with respect to the particular question or dispute. (2005-192, s. 2; 2007-106, s. 12.)
NC Gen Stat § 36C-3-305 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 3 - Representation.|§ 36C-3-305 - Appointment of representative; scope of representation.

 36C-3-305. Appointment of representative; scope of representation.(a) If the court determines that an interest is not represented under this Article, or that the otherwise available representation might be inadequate, the court may appoint a guardian ad litem to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, an incompetent or unborn individual, or a person whose identity or location is unknown. A guardian ad litem may be appointed to represent several persons or interests.(b) Any representative under this Article may act on behalf of the individual represented with respect to any matter arising under this Chapter, whether or not a judicial proceeding concerning the trust is pending.(c) In making decisions, a representative, including a guardian ad litem, may base a decision to consent to an action upon a finding that living members of the individual's family would generally benefit from that action. (2005-192, s. 2; 2007-106, s. 13.)
NC Gen Stat § 36C-4-401 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 4 - Creation, Validity, Modification, and Termination of Trust.|§ 36C-4-401 - Methods of creating trust.

 36C-4-401. Methods of creating trust.A trust may be created by any of the following methods:(1) Transfer of property by a settlor to a person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death including either of the following:a. The devise to the trustee of the trust as provided in G.S. 31-47.b. The designation of the trust as beneficiary of life insurance or other death benefits as provided in G.S. 36C-4-401.1.(2) Declaration by the owner of property that the owner holds identifiable property as trustee unless the transfer of title of that property is otherwise required by law.(3) Exercise of a power of appointment in favor of a trustee.(4) A court by judgment, order, or decree, including the establishment of a trust pursuant to section 1396p(d)(4) of Title 42 of the United States Code. (2005-192, s. 2; 2007-106, s. 14; 2009-267, s. 2; 2011-284, s. 45.)
NC Gen Stat § 36C-4-401.2 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 4 - Creation, Validity, Modification, and Termination of Trust.|§ 36C-4-401.2 - Creation of trust by a court.

 36C-4-401.2. Creation of trust by a court.A court may create or establish a trust by judgment or decree, including a trust pursuant to section 1396p(d)(4) of Title 42 of the United States Code, upon petition of an interested party in accordance with the provisions of this Chapter or in any other matter properly before the court.  (2009-267, s. 3; 2010-97, s. 5(a).)
NC Gen Stat § 36C-4-402 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 4 - Creation, Validity, Modification, and Termination of Trust.|§ 36C-4-402 - Requirements for creation.

 36C-4-402. Requirements for creation.(a) A trust is created only if:(1) The settlor has capacity to create a trust;(2) The settlor indicates an intention to create the trust;(3) The trust has a definite beneficiary or is:a. A charitable trust;b. A trust for the care of an animal, as provided in G.S. 36C-4-408; orc. A trust for a noncharitable purpose, as provided in G.S. 36C-4-409;(4) The trustee has duties to perform; and(5) The same person is not the sole trustee and sole beneficiary.(b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.(c) A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails, and the property subject to the power passes to the persons who would have taken the property had the power not been conferred. (2005-192, s. 2.)
NC Gen Stat § 36C-4-403 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 4 - Creation, Validity, Modification, and Termination of Trust.|§ 36C-4-403 - Trusts created in other jurisdictions.

 36C-4-403. Trusts created in other jurisdictions.A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed, or the law of the jurisdiction in which, at the time of creation:(1) The settlor was domiciled, had a place of abode, or was a national;(2) A trustee was domiciled or had a place of business; or(3) Any trust property was located. (2005-192, s. 2.)
NC Gen Stat § 36C-4-404 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 4 - Creation, Validity, Modification, and Termination of Trust.|§ 36C-4-404 - Trust purposes.

 36C-4-404. Trust purposes.A trust may be created only to the extent that its purposes are lawful, not contrary to public policy, and possible to achieve. A trust and its terms must be for the benefit of its beneficiaries. (2005-192, s. 2.)
NC Gen Stat § 36C-4-405 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 4 - Creation, Validity, Modification, and Termination of Trust.|§ 36C-4-405 - Charitable purposes.

 36C-4-405. Charitable purposes.(a) A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, scientific, benevolent, literary, governmental, or municipal purposes, or other purposes the achievement of which is beneficial to the community.(b) It is the policy of the State that a gift for charitable purposes, whether in trust or otherwise, is valid, notwithstanding the fact that the gift is made in general terms, and this section shall be construed liberally to effect this policy.(c) No gift for charitable purposes, whether in trust or otherwise, is void or invalid because:(1) The gift is in general terms or is uncertain as to the specific charitable purposes;(2) When the gift is made in trust, the trustee is granted discretionary powers in the selection and designation of the beneficiaries of that charitable trust or in carrying out the purpose of that trust;(3) The trustee or other recipient of the gift is given no specific instructions, powers, or duties as to the manner or means of carrying out those charitable purposes; or(4) The gift contravenes any statute or rule against perpetuities.(d) When any gift is made in general terms, the trustee or other recipient of the gift may:(1) Select from time to time one or more specific charitable beneficiaries or purposes for which any trust or property or income is held and administered; and(2) Determine the means to accomplish those charitable purposes, unless otherwise provided, including the creation of corporations or other legal entities for those purposes.(e) For purposes of this section, the reference to a "gift" includes both inter vivos and testamentary gifts, grants, and other transfers. (2005-192, s. 2.)
NC Gen Stat § 36C-4-405.1 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 4 - Creation, Validity, Modification, and Termination of Trust.|§ 36C-4-405.1 - Enforcement of charitable gift or trust.

 36C-4-405.1. Enforcement of charitable gift or trust.(a) The settlor of a charitable trust, the Attorney General, the district attorney, a beneficiary, or any other interested party may maintain a proceeding to enforce a charitable trust, including the following:(1) A proceeding to require a trustee to make a selection as may be necessary to establish the charitable beneficiaries or purposes for which the trust was established, as provided in subdivisions (d)(1) and (d)(2) of G.S. 36C-4-405;(2) A proceeding for breach of fiduciary duty if there is reason to believe that the trust property has been mismanaged through negligence or fraud; and(3) A proceeding for an accounting of the trustee's administration of the trust.(b) The donor of a charitable gift, the Attorney General, the district attorney, or any other interested party may maintain a proceeding to enforce the gift, including a proceeding to require the recipient of the gift to make a selection as may be necessary to establish the charitable beneficiaries or purposes for which the gift was intended, as provided in subdivisions (d)(1) and (d)(2) of G.S. 36C-4-405. (2005-192, s. 2.)
NC Gen Stat § 36C-4-405.2 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 4 - Creation, Validity, Modification, and Termination of Trust.|§ 36C-4-405.2 - Spending rules applicable to charitable trusts.

 36C-4-405.2. Spending rules applicable to charitable trusts.Subject to the intent of a settlor specifically expressed in a trust instrument, including a document making a gift to a charitable trust after it is established, a trustee of a charitable trust may appropriate for expenditure or accumulate so much of the trust property as the trustee determines is prudent for the uses, benefits, purposes, and duration for which that charitable trust is established. In making a determination to appropriate or accumulate trust property, a trustee shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors:(1) The duration and preservation of the trust;(2) The purposes of the trust;(3) General economic conditions;(4) The possible effect of inflation or deflation;(5) The expected total return from income and the appreciation of investments;(6) Other resources of the trust; and(7) The investment policy of the trust.  (2009-8, s. 3.)
NC Gen Stat § 36C-4-406 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 4 - Creation, Validity, Modification, and Termination of Trust.|§ 36C-4-406 - Creation of trust induced by fraud, duress, or undue influence.

 36C-4-406. Creation of trust induced by fraud, duress, or undue influence.A trust is voidable to the extent that its creation was induced by fraud, duress, or undue influence. (2005-192, s. 2.)
NC Gen Stat § 36C-4-407 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 4 - Creation, Validity, Modification, and Termination of Trust.|§ 36C-4-407 - Evidence of oral trust.

 36C-4-407. Evidence of oral trust.Except as required by a State statute other than this Chapter, a trust need not be evidenced by a trust instrument, but the creation of an oral trust, and its terms may be established only by clear and convincing evidence. (2005-192, s. 2.)
NC Gen Stat § 36C-4-408 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 4 - Creation, Validity, Modification, and Termination of Trust.|§ 36C-4-408 - Trust for care of animal.

 36C-4-408. Trust for care of animal.(a) Subject to this section, a trust for the care of one or more designated domestic or pet animals alive at the time of creation of the trust is valid.(b) Except as expressly provided otherwise in the trust instrument, no portion of the principal or income may be converted to the use of the trustee or to any use other than for the benefit of the designated animal or animals.(c) The trust terminates at the death of the animal or last surviving animal. Upon termination, the trustee shall transfer the unexpended trust property in the following order:(1) As directed in the trust instrument.(2) If the trust was created in a preresiduary clause in the settlor's will or in a codicil to the settlor's will, under the residuary clause in the settlor's will.(3) If no taker is produced by the application of subdivision (1) or (2) of this subsection, to the settlor, if then living, otherwise to the settlor's heirs determined as of the date of the settlor's death under Chapter 29 of the General Statutes.(d) The intended use of the principal or income can be enforced by a person designated for that purpose in the trust instrument or, if none, by a person appointed by the clerk of superior court having jurisdiction over the trust upon application to the clerk of superior court by a person.(e) Except as ordered by the clerk of superior court or required by the trust instrument, no filing, report, registration, periodic accounting, separate maintenance of funds, appointment, bond, or fee is required by reason of the existence of the fiduciary relationship of the trustee.(f) A governing instrument shall be liberally construed to bring the transfer within this section, to presume against the merely precatory or honorary nature of the disposition, and to carry out the general intent of the settlor. Extrinsic evidence is admissible in determining the settlor's intent.(g) The clerk of superior court may reduce the amount of the property transferred, if the clerk of superior court determines that the amount substantially exceeds the amount required for the intended use. The amount of the reduction, if any, passes as unexpended trust property under subsection (c) of this section.(h) If no trustee is designated or if no designated trustee agrees to serve or is able to serve, the clerk of superior court must name a trustee. The clerk of superior court may order the transfer of the property to another trustee, if required to assure that the intended use is carried out and if no successor trustee is designated in the trust instrument or if no designated successor trustee agrees to serve or is able to serve. The clerk of superior court may also make other orders and determinations as are advisable to carry out the intent of the settlor and the purpose of this section. (1995, c. 225, s. 1; 2005-192, s. 2; 2006-259, s. 13(b).)
NC Gen Stat § 36C-4-409 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 4 - Creation, Validity, Modification, and Termination of Trust.|§ 36C-4-409 - Noncharitable trust without ascertainable beneficiary.

 36C-4-409. Noncharitable trust without ascertainable beneficiary.Except as otherwise provided in G.S. 36C-4-408 or by another statute, the following rules apply:(1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for more than 21 years. If the trust is still in existence after 21 years, the trust shall terminate. The unexpended trust property shall be transferred in the following order:a. As directed in the trust instrument.b. If the trust was created in a preresiduary clause in the settlor's will or in a codicil to the settlor's will, under the residuary clause in the settlor's will.c. If no taker is produced by the application of sub-subdivisions a. or b. of this subdivision, to the settlor, if then living, otherwise to the settlor's heirs as determined under Chapter 29 of the General Statutes as of the date of the settlor's death.(2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court.(3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent that the court determines that the value of the trust property exceeds the amount required for the intended use. The property not required for the intended use shall be distributed under subdivision (1) of this section.(4) Notwithstanding subdivisions (1) through (3) of this section, a trust, contract, or other arrangement to provide for the care of a cemetery lot, grave, crypt, niche, mausoleum, columbarium, grave marker, or monument is valid without regard to remoteness of vesting, duration of the arrangement, or lack of definite beneficiaries to enforce the trust, provided that the trust, contract, or other arrangement meets the requirements of G.S. 28A-19-10, Article 4 of Chapter 65 of the General Statutes, Article 9 of Chapter 65 of the General Statutes, or other applicable law. This section does not repeal or supersede G.S. 36C-4-413. (1995, c. 225, s. 1; 2005-192, s. 2; 2007-106, s. 15.)
NC Gen Stat § 36C-4-410 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 4 - Creation, Validity, Modification, and Termination of Trust.|§ 36C-4-410 - Modification or termination of trust; proceedings for approval or disapproval.

 36C-4-410. Modification or termination of trust; proceedings for approval or disapproval.(a) In addition to the methods of termination prescribed by G.S. 36C-4-411 through G.S. 36C-4-414, a trust terminates to the extent that the trust is revoked or expires under its terms, no purpose of the trust remains to be achieved, or the purposes of the trust have become unlawful, contrary to public policy, or impossible to achieve.(b) A trustee or beneficiary may commence a proceeding to approve or disapprove a proposed modification or termination under G.S. 36C-4-411 through G.S. 36C-4-416. A settlor may commence a proceeding to approve or disapprove a proposed modification or termination under G.S. 36C-4-411. The settlor of a charitable trust may maintain a proceeding to modify the trust under G.S. 36C-4-413. A trustee is a necessary party to any proceeding under this Article.(c) Repealed by Session Laws 2006-259, s. 13(c), effective October 1, 2006. (2005-192, s. 2; 2006-259, s. 13(c); 2007-106, s. 16.)
NC Gen Stat § 36C-4-412 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 4 - Creation, Validity, Modification, and Termination of Trust.|§ 36C-4-412 - Modification or termination because of unanticipated circumstances or inability to administer trust effectively.

 36C-4-412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively.(a) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.(b) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.(c) Repealed by Session Laws 2006-259, s. 13(e), effective October 1, 2006. (2005-192, s. 2; 2006-259, s. 13(e).)