US Laws, Codes, Statutes & Cases

§ 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)       Jurisdiction of a proceeding brought under this section shall be as provided in G.S. 36C‑2‑203. (2005‑192, s. 2.)