North Dakota Statutes
§ 59-18-01.1 — Presumption against trustee
North Dakota § 59-18-01.1
This text of North Dakota § 59-18-01.1 (Presumption against trustee) 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 § 59-18-01.1 (2026).
Text
A transaction between a trustee and the trust's beneficiary during the existence of the trust
or while the influence acquired by the trustee remains by which the trustee obtains any
advantage from the trust's beneficiary is presumed to be entered by the trust's beneficiary
without sufficient consideration and under undue influence. This presumption is a rebuttable
presumption.
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Related
Estate of Bartelson
2015 ND 147 (North Dakota Supreme Court, 2015)
Estate of Harris
2017 ND 35 (North Dakota Supreme Court, 2017)
In Re Estate of Bartelson
2019 ND 107 (North Dakota Supreme Court, 2019)
Dahly v. Anderson
2012 ND 183 (North Dakota Supreme Court, 2012)
Durr v. Volden
2024 ND 149 (North Dakota Supreme Court, 2024)
Durr v. Volden, et al.
2024 ND 149 (North Dakota Supreme Court, 2024)
Waldock v. Amber Harvest Corporation
2012 ND 180 (North Dakota Supreme Court, 2012)
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 moneyCite This Page — Counsel Stack
Bluebook (online)
North Dakota § 59-18-01.1, Counsel Stack Legal Research, https://law.counselstack.com/statute/nd/59-18-01.1.