North Dakota Code § 59-09-04.1

Settlor's capacity
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The capacity required of a settlor is the same as that required to make a will and is required 
to create, amend, revoke, or add property to a trust, to direct the actions of the trustee where 
permitted, and to exercise powers and rights, if any, reserved or granted to the settlor under the 
terms of the trust or applicable law.

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