75B-2-105. Default and mandatory rules.
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Effective 5/7/2025
75B-2-105. Default and mandatory rules.
(1)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.
(2)Except as specifically provided in this chapter, the terms of a trust prevail over any provision of this chapter except:
(a)the requirements for creating a trust;
(b)subject to Sections 75B-3-109 , 75B-3-111 , and 75B-3-112 , the duty of a trustee to act in good faith and in accordance with the purposes of the trust;
(c)the requirement that a trust and the terms of the trust be for the benefit of the trust's beneficiaries;
(d)the power of the court to modify or terminate a trust under Sections 75B-2-410 through 75B-2-416 ;
(e)the effect of a spendthrift provision, an asset protection trust described in Chapter 1, Part 3, Asset Protection Trust, and the rights of certain creditors and assignees to reach a trust as provided in Part 5 , Spendthrift and Discretionary Trusts;
(f)the power of the court under Section 75B-2-702 to require, dispense with, or modify or terminate a bond;
(g)the effect of an exculpatory term under Section 75B-2-1008 ;
(h)the rights under Sections 75B-2-1010 through 75B-2-1013 of a person other than a trustee or beneficiary;
(i)periods of limitation for commencing a judicial proceeding; and
(j)the jurisdiction and venue requirements for an action involving a trust as described in Sections 75B-2-203 and 75B-2-205 .
Renumbered and Amended by Chapter 310 , 2025 General Session