Title 75B
Chapter 2
Part 1
Section 105
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. |
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Renumbered and Amended by Chapter
310, 2025 General Session