Bill Summary for S 336 (2015-2016)

Summary date: 

Jun 4 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

House amendment makes the following changes to the 4th edition.

Amends proposed GS 28A-2B-4(a), concerning judgments about the validity of a will or codicil and the ability to file caveats, adding language that provides that a party can motion in superior court to be permitted to file a caveat despite the entry of judgement if such party has shown, by clear and convincing evidence, that before and during the hearing the testator was subject to financial or physical duress or coercion significant enough that the testator would not have reasonably disclosed it at the hearing.

Updates statutory references to the Uniform Fraudulent Transfer Act, now referring to the Uniform Voidable Transactions Act pursuant to changes made in SL 2015-23.

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