North Dakota Statutes
§ 59-12-12 — (412) Modification or termination because of unanticipated circumstances or inability to administer trust effectively
North Dakota·Title 59 Trusts, Uses, and Powers·Ch. 59-12 Creation, Validity, Modification, and Termination of Trust
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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North Dakota § 59-12-12 ((412) Modification or termination because of unanticipated circumstances or inability to administer trust effectively) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Nearby Sections
15
§ 59-04.2-01
(102) Definitions§ 59-04.2-02
(103) Fiduciary duties - General principles§ 59-04.2-03
(104) Trustee's power to adjust§ 59-04.2-03.1
Judicial control of discretionary power§ 59-04.2-06
(301) When right to income begins and ends§ 59-04.2-07
(302) Apportionment of receipts and disbursements when decedent dies or income interest begins§ 59-04.2-08
(303) Apportionment when income interest ends§ 59-04.2-09
(401) Character of receipts§ 59-04.2-10
(402) Distribution from trust or estate§ 59-04.2-12
(404) Principal receipts§ 59-04.2-13
(405) Rental property§ 59-04.2-14
(406) Obligation to pay money