North Carolina § 36C-8B-22 - Saving provision.
Full text of North Carolina North Carolina General Statutes § 36C-8B-22 — Saving provision., with citation guidance and answers to common questions.
§ 36C-8B-22. Saving provision.
If exercise of the decanting power would be effective under this Article except that the second trust in part does not comply with this Article, the exercise of the decanting power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power: A provision in the second trust which is not permitted under this Article is void to the extent necessary to comply with this Article. A provision required by this Article to be in the second trust which is not contained in the second trust is deemed to be included in the second trust to the extent necessary to comply with this Article. If a trustee of other fiduciary of a second trust determines that subsection (a) of this section applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary's duties. History (2017-121, s. 1.)
Frequently Asked Questions About North Carolina § 36C-8B-22
What does North Carolina General Statutes § 36C-8B-22 cover?
Section 36C-8B-22 ("Saving provision.") 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-8B-22?
A common citation format is "North Carolina General Statutes § 36C-8B-22" (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-8B-22 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.