Section 19-3B-105 Default and Mandatory Rules.

(a) 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. (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 the terms and purposes of the trust and the interest 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 court to modify or terminate a trust under Sections 19-3B-410 through 19-3B-416; (5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in Article 5; (6) the power of the court under Section 19-3B-702 to require, dispense with, or modify or terminate a bond; (7) the power of the court under Section 19-3B-708(b) to adjust a trustee’s compensation, as specified in the terms of the trust or by written agreement, which is unreasonably low or high; (8) the duty under Section 19-3B-813(a)(2) to respond to the request of a qualified beneficiary of an irrevocable trust for trustee’s reports and other information reasonably related to the administration of a trust; (9) the effect of an exculpatory term under Section 19-3B-1008; (10) the rights under Sections 19-3B-1010 through 19-3B-1013 of a person other than a trustee or beneficiary; (11) periods of limitation for commencing a judicial proceeding; (12) the power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice; and (13) a proceeding as provided in Sections 19-3B-203 through 19-3B-205.