Section 105: Default and mandatory rules
250 words·~1 min read·
/ma/part-ii/title-ii/chapter-203e/105·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 105. Default and mandatory rules
(a)Except as otherwise provided in the terms of the trust, this chapter shall govern the duties and powers of a trustee, relations among trustees and the rights and interests of a beneficiary.
(b)The terms of a trust shall 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 have a purpose that is lawful and not contrary to public policy;
(4)the power of the court to modify or terminate a trust under sections 410 to 416, inclusive;
(5)the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust, as provided in article 5;
(6)the power of the court under section 702 to require, dispense with or modify or terminate a bond;
(7)the power of the court under subsection
(b)of section 708 to adjust a trustee's compensation specified in the terms of the trust which is unreasonably low or high;
(8)the effect of an exculpatory term under section 1008;
(9)the rights under sections 1010 to 1013, inclusive, of a person other than a trustee or beneficiary; and
(10)the power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice.