Section 36C-8A-4.2 - Defenses in action against power holderIn an action against a power holder for breach of trust, the power holder may assert the same defenses that a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee, including the following:
(1) Reasonable reliance on the terms of a trust pursuant to G.S. 36C-9-901(b) and G.S. 36C-10-1006.(2) Reasonable care in ascertaining the happening of an event affecting the administration or distribution of a trust pursuant to G.S. 36C-10-1007.(3) Beneficiary's consent, release, or ratification pursuant to G.S. 36C-10-1009.N.C. Gen. Stat. § 36C-8A-4.2
Added by 2021 N.C. Sess. Laws 85,s. 2-c, eff. 7/8/2021.