North Carolina § 36C-4-419 - Effect of inalienable interest on modification or termination.
Full text of North Carolina North Carolina General Statutes § 36C-4-419 — Effect of inalienable interest on modification or termination., with citation guidance and answers to common questions.
§ 36C-4-419. Effect of inalienable interest on modification or termination.
The court, in exercising its discretion to modify or terminate an irrevocable trust under G.S. 36C-4-411 , 36C-4-412, or 36C-4-414 shall consider provisions making the interest of a beneficiary inalienable, including those described in Article 5, but the court is not precluded from the exercise of that discretion solely because of such provisions. History (2005-192, s. 2; 2006-259, s. 13(i).) NORTH CAROLINA COMMENT This section, not a part of the Uniform Trust Code, was added to bring forward with minor modifications the provisions of former G.S. 36A-125.8 regarding the effect of an inalienable interest on the modification or termination of an irrevocable trust. The section replaces Section 411(c) of the Uniform Trust Code providing that a spendthrift provision is not presumed to constitute a material purpose with respect to the modification or termination of a trust by consent of the beneficiaries. Effect of Amendments. - Session Laws 2006-259, s. 13(i), effective October 1, 2006, substituted "36C-4-414" for "36C-4-413." See Editor's note for applicability.
Source: official North Carolina text · Last verified 2026-08-27
Frequently Asked Questions About North Carolina § 36C-4-419
What does North Carolina General Statutes § 36C-4-419 cover?
Section 36C-4-419 ("Effect of inalienable interest on modification or termination.") 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-4-419?
A common citation format is "North Carolina General Statutes § 36C-4-419" (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-4-419 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.