Current through L. 2024, c. 80.
Section 3B:31-5 - Default and mandatory rulesa. Except as otherwise provided in the terms of the trust, this act governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.b. The terms of a trust prevail over any provision of this act except: (1) the requirements for creating a trust;(2) the duty of a trustee to act in good faith and in accordance with the purposes of the trust;(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) the power of the court to modify or terminate a trust under N.J.S. 3B:31-26 through N.J.S. 3B:31-33;(5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in article 4 of this act;(6) the power of the court under N.J.S. 3B:31-47 to require, dispense with, or modify or terminate a bond;(7) the duty under subsections a. and b. of N.J.S. 3B:31-67 to respond to the request of a qualified beneficiary of an irrevocable trust who has attained the age of 35 years for a copy of the trust instrument or for other information reasonably related to the administration of the trust;(8) the effect of an exculpatory term under N.J.S. 3B:31-77;(9) the rights under N.J.S. 3B:31-79 through N.J.S. 3B:31-81 of a person other than a trustee 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 jurisdiction as may be necessary in the interests of justice.Added by L. 2015, c. 276,s. 1, eff. 7/17/2016.