Current through L. 2024, c. 185.
Section 105 - Default and mandatory rules(a) Except as otherwise provided in the terms of the trust, this title 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 title except: (1) the requirements for creating a trust;(2) the duty of a trustee to act in good faith and in accordance with the terms 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 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 Probate Division of the Superior Court to modify or terminate a trust under sections 410 through 416 of this title;(5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in chapter 5 of this title;(6) the power of the Probate Division of the Superior Court under section 702 of this title to require, dispense with, or modify or terminate a bond;(7) the power of the Probate Division of the Superior Court under subsection 708(b) of this title to adjust a trustee's compensation specified in the terms of the trust which is unreasonably low or high;(8) the effect of an exculpatory term under section 1008 of this title;(9) the rights under sections 1010 through 1013 of this title of a person other than a trustee or beneficiary;(10) periods of limitation for commencing a judicial proceeding;(11) the power of the Probate Division of the Superior Court to take such action and exercise such jurisdiction as may be necessary in the interests of justice; and(12) the subject matter jurisdiction of the Probate Division of the Superior Court and venue for commencing a proceeding as provided in sections 203 and 204 of this title.Added 2009 , No. 20, § 1; amended 2009 , No. 154 (Adj. Sess.), § 236, eff. 2/1/2011.