US Laws, Codes, Statutes & Cases

§ 55-544.18. Amendment of trust where gift, etc., establishes private foundation or constitutes a charitable trust or a split-interest trust.

When any such gift, grant, devise or bequest establishes a private foundation (as defined in § 509 of the Internal Revenue Code) or constitutes a charitable trust (as described in § 4947 (a) (1) of the Internal Revenue Code) or a split-interest trust (as described in § 4947 (a) (2) of the Internal Revenue Code), the trustee or trustees of such trust, with the concurrence of the creator of the trust, if then living and able to give such consent, and the Attorney General, may, without resort to any court, unless such amendment is inconsistent with an express provision of such trust's governing instrument, amend the terms of such trust to bring such trust into or continue such trust in conformity with requirements for exemption of such trust, or any interest therein, from federal taxes. When such gift, grant, or will is recorded, a copy of such amendment shall be similarly recorded.

(2005, c. 935.)