Bill Summary for S 336 (2015-2016)

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Summary date: 

Apr 21 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 336 (Public) Filed Wednesday, March 18, 2015
AN ACT TO AMEND THE LAW GOVERNING ESTATE PLANNING AND FIDUCIARIES, TO AMEND THE UNIFORM TRUST CODE, AND TO ESTABLISH A UNIFORM POWERS OF APPOINTMENT ACT.
Intro. by Hartsell, Barringer.

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Bill summary

Senate committee substitute makes the following changes to the 1st edition.

Makes clarifying changes in GS 35A-1374(i).

Deletes Part II of the act, which amended the income taxation of trusts and estates. Makes conforming changes to Part numbers in the act.

Enacts the new statutes in GS Chapter 28A within new Article 2B, Living Probate. Amends proposed GS 28A-2B-2 to set venue in the county where the individual whose will or codicil is the subject of the petition is domiciled (was, resides). Amends GS 28A-2B-3 to require a petition for will validity to require that the statement that the individual had testamentary capacity refer to capacity at the time the will was executed. Amends GS 28A-2B-4 to provide that if the court declares a will or codicil to be valid, the court may order that the will or codicil cannot be revoked and that no subsequent will or codicil will be valid unless it is declared valid in a proceeding. Amends the confidentiality requirements in GS 28A-2B-5 to allow a party to a proceeding to move, after judgement has been entered, that the file contents be sealed and kept confidential, upon which the clerk is required to seal the contents of the file from public inspection. Prohibits the file contents from being released except by order of the clerk, with exceptions; removes a member of the clerical or administrative staff of the court if access is essential for authorized internal administrative purposes from those excepted individuals. Deletes the provision making specified items available for public inspection. Allows the court to order the records that are confidential to be made available to a person who is not listed in the statute. 

Makes clarifying and technical changes.

Makes Section 4 of the act amending statutes in GS Chapter 28A effective January 1, 2016.