[ §554D-105] Default and mandatory rules.
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[ §554D-105] Default and mandatory rules.
(a)Except as otherwise provided in the terms of the trust, this chapter governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.
(b)The terms of a trust prevail over any provision of this chapter except:
(1)The requirements for creating a trust;
(2)The duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries;
(3)The requirement that a trust and its terms be for the benefit of its beneficiaries as their interests are defined by the terms of the trust and that the trust have a purpose that is lawful, not contrary to public policy, and possible to achieve;
(4)The power of the court to modify or terminate a trust under sections 554D-410 through 554D-416;
(5)The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in part V;
(6)The power of the court under section 554D-702 to require, dispense with, or modify or terminate a bond;
(7)The power of the court under section 554D-708(b) to adjust a trustee's compensation, specified in the terms of the trust, that is unreasonably low or high;
(8)The duty under section 554D-813(c)(2) and
(3)to notify qualified beneficiaries of an irrevocable trust of the existence of the trust, of the identity of the trustee, and of their right to request trustee reports;
(9)The duty under section 554D-813(b) to respond to the request of a qualified beneficiary of an irrevocable trust for trustee reports and other information reasonably related to the administration of a trust;
(10)The effect of an exculpatory term under section 554D-1008;
(11)The rights under sections 554D-1010 through 554D-1013 of a person other than a trustee or beneficiary;
(12)Periods of limitation for commencing a judicial proceeding;
(13)The power of the court to take action and exercise jurisdiction as may be necessary in the interests of justice; and
(14)The subject matter jurisdiction of the court and venue for commencing a proceeding, as provided in sections 554D-203 and 554D-204. [L 2021, c 32, pt of §2]