State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-07 > 75-7-105

75-7-105. Default and mandatory rules.
(1) Except as otherwise provided in the terms of the trust, this chapter governs the dutiesand 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 anyprovision of this chapter except:
(a) the requirements for creating a trust;
(b) the duty of a trustee to act in good faith and in accordance with the purposes of thetrust;
(c) the requirement that a trust and its terms be for the benefit of its beneficiaries;
(d) the power of the court to modify or terminate a trust under Sections 75-7-410 through75-7-416;
(e) the effect of a spendthrift provision, Section 26-6-14, and the rights of certaincreditors and assignees to reach a trust as provided in Part 5, Creditor's Claims-Spendthrift andDiscretionary Trusts;
(f) the power of the court under Section 75-7-702 to require, dispense with, or modify orterminate 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 atrustee 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 asprovided in Sections 75-7-203 and 75-7-205.

Enacted by Chapter 89, 2004 General Session