(a) Except as otherwiseprovided in the terms of the trust, this Chapter governs the duties and powersof a trustee, relations among trustees, and the rights and interests of abeneficiary.
(b) The terms of a trustprevail over any provision of this Chapter except:
(1) The requirements forcreating a trust.
(2) The duty of atrustee to act in good faith and in accordance with the terms and purposes ofthe trust and the interests of the beneficiaries.
(3) The requirement thata trust and its terms be for the benefit of its beneficiaries, and that thetrust have a purpose that is lawful, not contrary to public policy, andpossible to achieve.
(4) The power of thecourt to modify or terminate a trust under G.S. 36C‑4‑410 throughG.S. 36C‑4‑416.
(5) The effect of aspendthrift provision and the rights of certain creditors and assignees toreach a trust as provided in Article 5 of this Chapter.
(6) The effect of anexculpatory term under G.S. 36C‑10‑1008.
(7) The rights underG.S. 36C‑10‑1010 through G.S. 36C‑10‑1013 of a personother than a trustee or beneficiary.
(8) Periods oflimitation for commencing a judicial proceeding.
(9) The power of thecourt to take any action and exercise any jurisdiction as may be necessary inthe interests of justice.
(10) The subject‑matterjurisdiction of the court and venue for commencing a proceeding as provided inG.S. 36C‑2‑203 and G.S. 36C‑2‑204.
(11) The requirement thatthe exercise of the powers described in G.S. 36C‑6‑602.1(a) shallnot alter the designation of beneficiaries to receive property on the settlor'sdeath under that settlor's existing estate plan.
(12) The power of atrustee to renounce an interest in or power over property under G.S. 36C‑8‑816(32). (2005‑192,s. 2; 2007‑106, s. 3; 2009‑48, s. 15.)
(a) Except as otherwiseprovided in the terms of the trust, this Chapter governs the duties and powersof a trustee, relations among trustees, and the rights and interests of abeneficiary.
(b) The terms of a trustprevail over any provision of this Chapter except:
(1) The requirements forcreating a trust.
(2) The duty of atrustee to act in good faith and in accordance with the terms and purposes ofthe trust and the interests of the beneficiaries.
(3) The requirement thata trust and its terms be for the benefit of its beneficiaries, and that thetrust have a purpose that is lawful, not contrary to public policy, andpossible to achieve.
(4) The power of thecourt to modify or terminate a trust under G.S. 36C‑4‑410 throughG.S. 36C‑4‑416.
(5) The effect of aspendthrift provision and the rights of certain creditors and assignees toreach a trust as provided in Article 5 of this Chapter.
(6) The effect of anexculpatory term under G.S. 36C‑10‑1008.
(7) The rights underG.S. 36C‑10‑1010 through G.S. 36C‑10‑1013 of a personother than a trustee or beneficiary.
(8) Periods oflimitation for commencing a judicial proceeding.
(9) The power of thecourt to take any action and exercise any jurisdiction as may be necessary inthe interests of justice.
(10) The subject‑matterjurisdiction of the court and venue for commencing a proceeding as provided inG.S. 36C‑2‑203 and G.S. 36C‑2‑204.
(11) The requirement thatthe exercise of the powers described in G.S. 36C‑6‑602.1(a) shallnot alter the designation of beneficiaries to receive property on the settlor'sdeath under that settlor's existing estate plan.
(12) The power of atrustee to renounce an interest in or power over property under G.S. 36C‑8‑816(32). (2005‑192,s. 2; 2007‑106, s. 3; 2009‑48, s. 15.)
(a) Except as otherwiseprovided in the terms of the trust, this Chapter governs the duties and powersof a trustee, relations among trustees, and the rights and interests of abeneficiary.
(b) The terms of a trustprevail over any provision of this Chapter except:
(1) The requirements forcreating a trust.
(2) The duty of atrustee to act in good faith and in accordance with the terms and purposes ofthe trust and the interests of the beneficiaries.
(3) The requirement thata trust and its terms be for the benefit of its beneficiaries, and that thetrust have a purpose that is lawful, not contrary to public policy, andpossible to achieve.
(4) The power of thecourt to modify or terminate a trust under G.S. 36C‑4‑410 throughG.S. 36C‑4‑416.
(5) The effect of aspendthrift provision and the rights of certain creditors and assignees toreach a trust as provided in Article 5 of this Chapter.
(6) The effect of anexculpatory term under G.S. 36C‑10‑1008.
(7) The rights underG.S. 36C‑10‑1010 through G.S. 36C‑10‑1013 of a personother than a trustee or beneficiary.
(8) Periods oflimitation for commencing a judicial proceeding.
(9) The power of thecourt to take any action and exercise any jurisdiction as may be necessary inthe interests of justice.
(10) The subject‑matterjurisdiction of the court and venue for commencing a proceeding as provided inG.S. 36C‑2‑203 and G.S. 36C‑2‑204.
(11) The requirement thatthe exercise of the powers described in G.S. 36C‑6‑602.1(a) shallnot alter the designation of beneficiaries to receive property on the settlor'sdeath under that settlor's existing estate plan.
(12) The power of atrustee to renounce an interest in or power over property under G.S. 36C‑8‑816(32). (2005‑192,s. 2; 2007‑106, s. 3; 2009‑48, s. 15.)
