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NORTH CAROLINA STATUTES AND CODES

§ 36C-10-1009. Beneficiary's consent, release, or ratification.

§ 36C‑10‑1009. Beneficiary's consent, release, or ratification.

(a)        A trustee is notliable to a beneficiary for breach of trust if the beneficiary consented to theconduct constituting the breach, released the trustee from liability for thebreach, or ratified the transaction constituting the breach, unless:

(1)        The consent,release, or ratification of the beneficiary was induced by improper conduct ofthe trustee; or

(2)        At the time of theconsent, release, or ratification, the beneficiary did not have knowledge ofthe beneficiary's rights or of the material facts relating to the breach.

(b)        No consideration isrequired for the consent, release, or ratification to be valid. (2005‑192, s. 2.)

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