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Terms Used In North Carolina General Statutes 36C-1-102

  • Inter vivos: Transfer of property from one living person to another living person.
  • Trustee: A person or institution holding and administering property in trust.

This Chapter applies to any express trust, private or charitable, with additions to the trust, wherever and however created. The term “express trust” includes both testamentary and inter vivos trusts, regardless of whether the trustee is required to account to the clerk of superior court. This Chapter also applies to any trust created for or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. This Chapter does not apply to constructive trusts, resulting trusts, conservatorships, estates, Payable on Death accounts as defined in N.C. Gen. Stat. § 53C-6-7, 54-109.57, 54B-130, and 54C-166, trust funds subject to N.C. Gen. Stat. § 90-210.61, custodial arrangements under Chapter 33A of the N.C. Gen. Stat. and Chapter 33B of the N.C. Gen. Stat., business trusts providing for certificates to be issued to beneficiaries, common trust funds, voting trusts, security arrangements, liquidation trusts, and trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind, or any arrangement under which a person is nominee or escrowee for another. (2005-192, s. 2; 2012-56, s. 8.)