North Carolina General Statutes 36C-1-107. Governing law
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(a) The meaning and effect of the terms of a trust are determined by any of the following:
(1) The law of the jurisdiction designated in the terms unless the designation of that jurisdiction’s law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter at issue.
Terms Used In North Carolina General Statutes 36C-1-107
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trustee: A person or institution holding and administering property in trust.
(2) In the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue.
(b) Notwithstanding subsection (a) of this section, the rights of a person other than a trustee or beneficiary are governed by N.C. Gen. Stat. § 36C-10-1010 through N.C. Gen. Stat. § 36C-10-1013. (2005-192, s. 2; 2007-106, s. 4.)