North Carolina § 36C-4-402 - Requirements for creation.
Full text of North Carolina North Carolina General Statutes § 36C-4-402 — Requirements for creation., with citation guidance and answers to common questions.
§ 36C-4-402. Requirements for creation.
A trust is created only if: The settlor has capacity to create a trust; The settlor indicates an intention to create the trust; The trust has a definite beneficiary or is: A charitable trust; A trust for the care of an animal, as provided in G.S. 36C-4-408; or A trust for a noncharitable purpose, as provided in G.S. 36C-4-409; The trustee has duties to perform; and The same person is not the sole trustee and sole beneficiary. A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities. A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails, and the property subject to the power passes to the persons who would have taken the property had the power not been conferred. History (2005-192, s. 2.)
Source: official North Carolina text · Last verified 2026-08-27
Frequently Asked Questions About North Carolina § 36C-4-402
What does North Carolina General Statutes § 36C-4-402 cover?
Section 36C-4-402 ("Requirements for creation.") is part of the North Carolina General Statutes, the codified statutory law of North Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite North Carolina § 36C-4-402?
A common citation format is "North Carolina General Statutes § 36C-4-402" (North Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of North Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Carolina official source linked on this page or consult a licensed North Carolina attorney.
How does North Carolina § 36C-4-402 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in North Carolina.