Dec32025
Estate Planning Q&A Series

Can we require that our child not be told about the trust until a certain age, and who controls when and how the child is informed? – North Carolina

Short Answer

Under North Carolina law, a revocable trust for a minor can include instructions about when and how the child is told about the trust, especially while the trust remains revocable and the settlor is competent. However, the trustee still owes legal duties to keep qualified beneficiaries (or their representatives) reasonably informed, and those duties expand once the trust becomes irrevocable. In practice, the trust document and North Carolina's default notice rules together determine how much information must be shared, when, and by whom.

Understanding the Problem

The narrow question is whether, under North Carolina estate planning law, a parent or other trust creator can require that a child-beneficiary not be told about an existing trust until the child reaches a certain age, and who has actual control over when and how that information is shared. This comes up where a relative has set up a revocable grantor trust for a child's expenses, and another adult later wants to adjust the terms or roles so that the child does not learn about the trust too early. The decision point focuses on North Carolina rules about a trustee's duty to inform beneficiaries, how those duties apply to minors, and how much the trust instrument itself can shape or delay disclosure.

Apply the Law

North Carolina uses its version of the Uniform Trust Code to define a trustee's core duties, including the duty to keep qualified beneficiaries reasonably informed about the trust's administration. When the trust is revocable and the settlor is still alive and competent, those duties run primarily to the settlor, which leaves more room to limit disclosures to future beneficiaries. Once the trust becomes irrevocable, the statutory notice and reporting rules for qualified beneficiaries take on greater weight, and a trustee cannot simply ignore them, even if the document tries to postpone all disclosure.

Key Requirements

  • Settlor control while revocable: While a North Carolina trust is revocable and the settlor has capacity, the law generally treats the settlor as the primary person to whom the trustee must report, allowing the settlor to set or revise instructions about telling the child.
  • Trustee's duty to inform beneficiaries: Once the trust is irrevocable, the trustee has a statutory duty to keep qualified beneficiaries (or their legal representatives, if they are minors) reasonably informed about the trust and to provide certain notices and reports, even if the document is silent or restrictive.
  • Use of representatives for minors: For minor beneficiaries, North Carolina law allows notice and information to be given to a guardian, conservator, or other representative, rather than directly to the child, which can effectively delay the child's personal awareness while still satisfying statutory duties.

What the Statutes Say

Analysis

Apply the Rule to the Facts: In the described situation, a relative has created and funded a revocable grantor trust for a child in North Carolina. While that relative is alive and competent and the trust remains revocable, North Carolina law allows the settlor to amend the trust to spell out when and how the child will be informed, and the trustee’s main duty to inform runs to that settlor. If the trust later becomes irrevocable (for example, at the settlor’s death), the trustee must follow North Carolina’s default notice rules, but can often satisfy them by providing information to an adult representative for the minor rather than directly to the child, which can delay the child’s personal awareness of the trust’s details.

Process & Timing

  1. Who files: Typically the settlor (or, if the settlor is deceased or incapacitated, an interested party such as a trustee or adult beneficiary). Where: Clerk of Superior Court in the North Carolina county with proper venue for trust administration. What: A petition to modify or reform the trust under Article 4 of Chapter 36C, together with a copy of the trust and any amendments. When: Under N.C. Gen. Stat. § 1-56.1, there is no statute of limitation for actions to modify or reform a trust, but practical timing is driven by life events such as the settlor’s incapacity or death.
  2. After filing, the clerk or court ensures that required notices go to qualified beneficiaries or their representatives, including guardians or guardians ad litem for minor beneficiaries. The court then reviews whether the requested modification (such as clarifying who decides when and how the child is informed) is consistent with North Carolina law and the settlor’s intent.
  3. Once approved, the court enters an order modifying or reforming the trust. The trustee then administers the trust under the new terms, including any updated instructions on who controls disclosure to the child and how notices to representatives will be handled.

Exceptions & Pitfalls

  • Some core trustee duties, including acting in good faith and keeping qualified beneficiaries reasonably informed once the trust is irrevocable, cannot be fully waived by the trust document; language that attempts to bar all disclosure indefinitely may not be enforceable.
  • Failing to distinguish between the period when the trust is revocable (with duties mainly owed to the settlor) and the period after it becomes irrevocable can lead to incorrect assumptions about how tightly information can be controlled.
  • Relying only on informal family understandings without updating the written trust or, where needed, obtaining court approval can place the trustee in conflict between the document’s instructions and statutory notice duties.

Conclusion

Under North Carolina law, the settlor of a revocable trust can usually build in age-based or timing instructions about when and how a minor child is told about the trust, and while the trust is revocable the trustee’s notice duties primarily run to the settlor. After the trust becomes irrevocable, however, the trustee must still keep qualified beneficiaries (or their adult representatives) reasonably informed, so disclosure cannot be blocked entirely. The practical next step is to review the existing trust with counsel and, if appropriate, file a petition with the clerk of superior court to modify the terms on beneficiary notice and control of communications.

Talk to a Estate Planning Attorney

If a North Carolina trust for a child raises concerns about when the child learns of it or who controls that information, our firm has experienced attorneys who can help clarify the options and any needed court process. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for any specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Estate Planning Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.