North Dakota § 59-10.1-05 Distributions by trustee - Return of distribution determined to be invalid

North Dakota Statutes

§ 59-10.1-05 — Distributions by trustee - Return of distribution determined to be invalid

North Dakota § 59-10.1-05

Title 59Trusts, Uses, and Powers

Ch. 59-10.1Action to Determine Validity of Trust

This text of North Dakota § 59-10.1-05 (Distributions by trustee - Return of distribution determined to be invalid) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 59-10.1-05 (2026).

Text

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 potential contestant of a possible contest, followed by service of process upon the trustee for that proceeding within thirty days of the notification of a possible contest.

2.The court may order the revocation of a distribution made under the authority of a trust or amendment that is subsequently determined to be invalid and may order the recipient of an invalid distribution to return the distribution.

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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 potential contestant of a possible contest, followed by service of process upon the
trustee for that proceeding within thirty days of the notification of a possible contest.
2. The court may order the revocation of a distribution made under the authority of a trust
or amendment that is subsequently determined to be invalid and may order the
recipient of an invalid distribution to return the distribution.