Title 59 — Trusts
28 chapters · 193 sections in this title.
N.D.C.C. § 59-10.1-01 Declaratory judgment
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A person seeking to challenge the validity of a trust instrument or amendment may institute a proceeding under this chapter for a declaratory judgment of invalidity.
N.D.C.C. § 59-10.1-02 Parties - Process
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A settlor who is not a plaintiff, a beneficiary named in the trust, and a settlor's present intestate successors must be included as parties to the proceeding. For the purposes of this chapter, a beneficiary named in the trust and the settlor's present intestate successors are de…
N.D.C.C. § 59-10.1-03 Limitation of action
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A proceeding under this chapter may not be commenced later than the earliest of the following: 1. One hundred twenty days after the date the trustee notified the individual contesting the trust of the trust's existence or amendment. The notice must include the trustee's name and …
N.D.C.C. § 59-10.1-04 Findings
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If the court finds the settlor has executed the trust instrument and had the requisite capacity, the court shall declare the trust to be valid. An adjudication that a trust is valid is binding on the parties. If the court finds a trust or amendment to be invalid, the challenged t…
N.D.C.C. § 59-10.1-05 Distributions by trustee - Return of distribution determined to be invalid
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1. The trustee may proceed to distribute the trust property in accordance with the terms of the trust. This distribution may be made without liability unless the trustee has actual knowledge of a pending proceeding to contest the validity of the trust, or is notified by a potenti…