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NC S336

Bill

Status

Passed

8/11/2015

Primary Sponsor

Fletcher Hartsell

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Origin

Senate

2015-2016 Session

AI Summary

  • Extends standby guardianship procedures to incompetent adults in addition to minor children, allowing appointment of standby and successor guardians for individuals subject to guardianship orders.

  • Establishes living probate procedure allowing North Carolina residents to petition probate court for judicial validation of their will during lifetime, with validated wills barred from future caveats except upon showing of clear and convincing evidence of duress.

  • Enacts North Carolina Uniform Powers of Appointment Act (Chapter 31D) establishing comprehensive rules governing creation, exercise, release, and disclaimer of powers of appointment, replacing prior statutes G.S. 31-4 and G.S. 31-43.

  • Modifies uniform trust code provisions regarding directed cotrustee liability, supplemental needs trusts, limitations periods, and beneficiary designations for certain irrevocable inter vivos trusts.

  • Changes valuation rules for partial and contingent interests in elective share calculations and permits conveyance of tenancy by the entireties property to joint or separate trusts while preserving creditor protections.

Legislative Description

Estate Planning/Uniform Trust Code

Last Action

Ch. SL 2015-205

8/11/2015

Committee Referrals

Rules and Operations of the Senate6/11/2015
Judiciary II4/30/2015
Finance4/21/2015
Judiciary I3/26/2015
Rules and Operations of the Senate3/19/2015

Full Bill Text

No bill text available