A. Except as otherwise provided in the terms of the trust, this chaptergoverns the duties and powers of a trustee, relations among trustees, and therights and interests of a beneficiary.
B. The terms of a trust prevail over any provision of this chapter except:
1. The requirements for creating a trust;
2. The duty of a trustee to act in good faith and in accordance with theterms and purposes of the trust and the interests of the beneficiaries;
3. The requirement that a trust and its terms be for the benefit of itsbeneficiaries, and that the trust have a purpose that is lawful, not contraryto public policy, and possible to achieve;
4. The power of the court to modify or terminate a trust under §§ 55-544.10through 55-544.16;
5. The effect of a spendthrift provision and the rights of certain creditorsand assignees to reach a trust as provided in Article 5;
6. The power of the court under § 55-547.02 to require, dispense with, ormodify or terminate a bond;
7. The power of the court under subsection B of § 55-547.08 to adjust atrustee's compensation specified in the terms of the trust which isunreasonably low or high;
8. The effect of an exculpatory term under § 55-550.08;
9. The rights under §§ 55-550.10 through 55-550.13 of a person other than atrustee or beneficiary;
10. Periods of limitation for commencing a judicial proceeding; and
11. The power of the court to take such action and exercise such jurisdictionas may be necessary in the interests of justice.
A. Except as otherwise provided in the terms of the trust, this chaptergoverns the duties and powers of a trustee, relations among trustees, and therights and interests of a beneficiary.
B. The terms of a trust prevail over any provision of this chapter except:
1. The requirements for creating a trust;
2. The duty of a trustee to act in good faith and in accordance with theterms and purposes of the trust and the interests of the beneficiaries;
3. The requirement that a trust and its terms be for the benefit of itsbeneficiaries, and that the trust have a purpose that is lawful, not contraryto public policy, and possible to achieve;
4. The power of the court to modify or terminate a trust under §§ 55-544.10through 55-544.16;
5. The effect of a spendthrift provision and the rights of certain creditorsand assignees to reach a trust as provided in Article 5;
6. The power of the court under § 55-547.02 to require, dispense with, ormodify or terminate a bond;
7. The power of the court under subsection B of § 55-547.08 to adjust atrustee's compensation specified in the terms of the trust which isunreasonably low or high;
8. The effect of an exculpatory term under § 55-550.08;
9. The rights under §§ 55-550.10 through 55-550.13 of a person other than atrustee or beneficiary;
10. Periods of limitation for commencing a judicial proceeding; and
11. The power of the court to take such action and exercise such jurisdictionas may be necessary in the interests of justice.
A. Except as otherwise provided in the terms of the trust, this chaptergoverns the duties and powers of a trustee, relations among trustees, and therights and interests of a beneficiary.
B. The terms of a trust prevail over any provision of this chapter except:
1. The requirements for creating a trust;
2. The duty of a trustee to act in good faith and in accordance with theterms and purposes of the trust and the interests of the beneficiaries;
3. The requirement that a trust and its terms be for the benefit of itsbeneficiaries, and that the trust have a purpose that is lawful, not contraryto public policy, and possible to achieve;
4. The power of the court to modify or terminate a trust under §§ 55-544.10through 55-544.16;
5. The effect of a spendthrift provision and the rights of certain creditorsand assignees to reach a trust as provided in Article 5;
6. The power of the court under § 55-547.02 to require, dispense with, ormodify or terminate a bond;
7. The power of the court under subsection B of § 55-547.08 to adjust atrustee's compensation specified in the terms of the trust which isunreasonably low or high;
8. The effect of an exculpatory term under § 55-550.08;
9. The rights under §§ 55-550.10 through 55-550.13 of a person other than atrustee or beneficiary;
10. Periods of limitation for commencing a judicial proceeding; and
11. The power of the court to take such action and exercise such jurisdictionas may be necessary in the interests of justice.
