Default and mandatory rules

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  1. (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.

  2. (b) The terms of a trust prevail over any provision of this chapter except:

    1. (1) the requirements for creating a trust;

    2. (2) subject to §§ 28-76-109, 28-76-111, and 28-76-112 of the Uniform Directed Trust Act, § 28-76-101 et seq., the duty of a trustee to act in good faith and in accordance with the purposes of the trust;

    3. (3) the requirement that a trust and its terms be for the benefit of its beneficiaries, and that the trust have a purpose that is lawful, not contrary to public policy, and possible to achieve;

    4. (4) the power of a court to modify or terminate a trust under §§ 28-73-410 — 28-73-416;

    5. (5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in § 28-73-501 et seq.;

    6. (6) the power of a court under § 28-73-702 to require, dispense with, or modify or terminate a bond;

    7. (7) the power of a court under § 28-73-708(b) to adjust a trustee's compensation specified in the terms of the trust which is unreasonably low or high;

    8. (8) the rights under §§ 28-73-1010 — 28-73-1013 of a person other than a trustee or beneficiary;

    9. (9) periods of limitation for commencing a judicial proceeding;

    10. (10) the power of a court to take such action and exercise such jurisdiction as may be necessary in the interests of justice; and

    11. (11) the subject-matter jurisdiction of a court for commencing a proceeding as provided in § 28-73-203.


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