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North Dakota Century Code Title 59. Trusts § 59-22-01. Definitions

Current as of January 01, 2024 | Updated by Findlaw Staff

As used in this chapter:

1. “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

2. “Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means.

3. “Electronic signature” means an electronic symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

4. “Information” includes data, text, images, codes, computer programs, software, and databases.

5. “Nontestamentary estate planning document” means a record relating to estate planning which is readable as text at the time of signing and is not a will or contained in a will. The term:

a. Includes a record readable as text at the time of signing which creates, exercises, modifies, releases, or revokes:

(1) A trust instrument;

(2) A trust power that under the terms of the trust requires a signed record;

(3) A certification of a trust under section 59-18-13;

(4) A durable power of attorney under chapter 30.1-30;

(5) An agent's certification of the validity of a power of attorney and the agent's authority;

(6) A power of appointment;

(7) An advance directive, including a health care power of attorney, directive to physicians, natural death statement, living will, and medical or physician order for life-sustaining treatment;

(8) A record directing disposition of an individual's body after death;

(9) A nomination of a guardian for the signing individual;

(10) A nomination of a guardian for a minor child or disabled adult child;

(11) A mental health treatment declaration;

(12) A disclaimer as defined under section 30.1-10-01; and

(13) Any other record intended to carry out an individual's intent regarding property or health care while incapacitated or on death.

b. Does not include a deed of real property, or certificate of title for a motor vehicle, watercraft, or aircraft.

6. “Person” means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency or instrumentality, or other legal entity.

7. “Power of attorney” means a record that grants authority to an agent to act in place of the principal, even if the term is not used in the record.

8. “Record” means information:

a. Inscribed on a tangible medium; or

b. Stored in an electronic or other medium and retrievable in perceivable form.

9. “Security procedure” means a procedure to verify an electronic signature, record, or performance is of a specific person or to detect a change or error in an electronic record. The term includes a procedure that uses an algorithm, code, identifying word or number, encryption, or callback or other acknowledgment procedure.

10. “Settlor” means a person, including a testator, that creates or contributes property to a trust.

11. “Sign” means with present intent to authenticate or adopt a record to:

a. Execute or adopt a tangible symbol; or

b. Attach to or logically associate with the record an electronic signature.

12. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or other territory or possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.

13. “Terms of the trust” means:

a. Except as provided under subdivision b, the manifestation of the settlor's intent regarding a trust's provisions as:

(1) Expressed in the trust instrument; or

(2) Established by other evidence that would be admissible in a judicial proceeding.

b. The trust's provisions as established, determined, or amended by:

(1) A trustee or other person in accordance with applicable law;

(2) A court order; or

(3) A nonjudicial settlement agreement under section 59-09-11.

14. “Trust instrument” means an instrument executed by the settlor which contains terms of the trust, including any amendments.

15. “Will” includes a codicil and a testamentary instrument that appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.

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Cite this article: FindLaw.com - North Dakota Century Code Title 59. Trusts § 59-22-01. Definitions - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-59-trusts/nd-cent-code-sect-59-22-01/

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