Current through the 2024 Third Special Session
Section 75-7-105 - [Effective 9/1/2024] 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 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 75B-1-302, 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 jurisdiction and venue requirements for an action involving a trust as described in Sections 75-7-203 and 75-7-205. Amended by Chapter 364, 2024 General Session ,§ 5, eff. 9/1/2024.Amended by Chapter 158, 2024 General Session ,§ 121, eff. 7/1/2024.Amended by Chapter 153, 2019 General Session ,§ 2, eff. 5/14/2019.Amended by Chapter 204, 2017 General Session ,§ 27, eff. 5/9/2017.Enacted by Chapter 89, 2004 General Session.This section is set out more than once due to postponed, multiple, or conflicting amendments.