Default and mandatory rules.

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  • (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 75-12-109, 75-12-111, and 75-12-112, 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 75-7-410 through 75-7-416;
    • (e) the effect of a spendthrift provision, Section 25-6-502, and the rights of certain creditors and assignees to reach a trust as provided in Part 5, Creditor's Claims - Spendthrift and Discretionary Trusts;
    • (f) the power of the court under Section 75-7-702 to require, dispense with, or modify or terminate a bond;
    • (g) the effect of an exculpatory term under Section 75-7-1008;
    • (h) the rights under Sections 75-7-1010 through 75-7-1013 of a person other than a trustee or beneficiary;
    • (i) periods of limitation for commencing a judicial proceeding; and
    • (j) the subject-matter jurisdiction of the court and venue for commencing a proceeding as provided in Sections 75-7-203 and 75-7-205.




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