North Dakota § 59-16.3-11 Applicability of chapter

North Dakota Statutes

§ 59-16.3-11 — Applicability of chapter

North Dakota § 59-16.3-11

Title 59Trusts, Uses, and Powers

Ch. 59-16.3Total Return Unitrusts

This text of North Dakota § 59-16.3-11 (Applicability of chapter) 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 § 59-16.3-11 (2026).

Text

This chapter must be construed as pertaining to the administration of a trust and must be available to a trust that is administered in the state under state law unless:

1.The governing instrument reflects an intention that the current beneficiary or beneficiaries are to receive an amount other than a reasonable current return from the trust;

2.One or more persons to whom the trustee could distribute income have a power of withdrawal over the trust which is not subject to an ascertainable standard under sections 2041 and 2514 of the Internal Revenue Code, or which can be exercised to discharge a duty of support the person possesses; or

3.The governing instrument expressly prohibits use of this chapter by specific reference to the chapter. A provision in the governing instrument that "th

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This chapter must be construed as pertaining to the administration of a trust and must be
available to a trust that is administered in the state under state law unless:
1. The governing instrument reflects an intention that the current beneficiary or
beneficiaries are to receive an amount other than a reasonable current return from the
trust;

2. One or more persons to whom the trustee could distribute income have a power of
withdrawal over the trust which is not subject to an ascertainable standard under
sections 2041 and 2514 of the Internal Revenue Code, or which can be exercised to
discharge a duty of support the person possesses; or
3. The governing instrument expressly prohibits use of this chapter by specific reference
to the chapter. A provision in the governing instrument that "the provisions of this
chapter, or any corresponding provision of future law, may not be used in the
administration of this trust" are sufficient to preclude use of this chapter.