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North Carolina General Statutes Chapter 36C. North Carolina Uniform Trust Code § 36C-8A-4.2. Defenses in action against power holder

Current as of January 01, 2023 | Updated by Findlaw Staff

In an action against a power holder for breach of trust, the power holder may assert the same defenses that a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee, including the following:

(1) Reasonable reliance on the terms of a trust pursuant to G.S. 36C-9-901(b) and G.S. 36C-10-1006.

(2) Reasonable care in ascertaining the happening of an event affecting the administration or distribution of a trust pursuant to G.S. 36C-10-1007.

(3) Beneficiary's consent, release, or ratification pursuant to G.S. 36C-10-1009.

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Cite this article: FindLaw.com - North Carolina General Statutes Chapter 36C. North Carolina Uniform Trust Code § 36C-8A-4.2. Defenses in action against power holder - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-36c-north-carolina-uniform-trust-code/nc-gen-st-sect-36c-8a-4-2/

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