North Dakota § 59-12-12 (412) Modification or termination because of unanticipated circumstances or inability to administer trust effectively

North Dakota Statutes

§ 59-12-12 — (412) Modification or termination because of unanticipated circumstances or inability to administer trust effectively

North Dakota § 59-12-12

Title 59Trusts, Uses, and Powers

Ch. 59-12Creation, Validity, Modification, and Termination of Trust

This text of North Dakota § 59-12-12 ((412) Modification or termination because of unanticipated circumstances or inability to administer trust effectively) 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 § 59-12-12 (2026).

Text

or inability to administer trust effectively.

1.Upon petition by the trustee, the attorney general, or an interested party other than the settlor, the court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.

2.The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.

3.Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the pur

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or inability to administer trust effectively.
1. Upon petition by the trustee, the attorney general, or an interested party other than the
settlor, the court may modify the administrative or dispositive terms of a trust or
terminate the trust if, because of circumstances not anticipated by the settlor,
modification or termination will further the purposes of the trust. To the extent
practicable, the modification must be made in accordance with the settlor's probable
intention.
2. The court may modify the administrative terms of a trust if continuation of the trust on
its existing terms would be impracticable or wasteful or impair the trust's
administration.
3. Upon termination of a trust under this section, the trustee shall distribute the trust
property in a manner consistent with the purposes of the trust.