This section says trust terms generally control trustee and fiduciary duties, beneficiary rights, and related relations, but subsection (b) and listed exceptions still limit that control.
Except as otherwise provided in the terms of the trust, this chapter governs the duties and powers of a trustee or any other fiduciary under this chapter, relations among trustees and such other fiduciaries, and the rights and interests of a beneficiary. The terms of a trust may expand, restrict, eliminate, or otherwise vary the duties and powers of a trustee, any such other fiduciary, relations among any of them, and the rights and interests of a beneficiary; provided, however, that nothing contained in this subsection (a) shall be construed to override or nullify the provisions of subsection (b). The rule of statutory construction that states that statutes in derogation of the common law are to be strictly construed shall have no application to this section. Except as restricted by subsection (b), pursuant to this section, courts shall give maximum effect to the principle of freedom of disposition and to the enforceability of trust instruments. The terms of a trust prevail over any provision of this chapter except: The requirements for creating a trust; The duty of a trustee to act in accordance with the terms and purposes of the trust and the interests of the beneficiaries; The requirement that a trust and its terms be for the benefit of its beneficiaries as the interests of such beneficiaries are defined under the terms of the trust, and that the trust has a purpose that is lawful and possible to achieve; The power to modify or terminate a trust under §§ 35-15-410 — 35-15-416; The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in part 5 of this chapter; The power of the court under § 35-15-702 to require, dispense with, or modify or terminate a bond; The power of the court under § 35-15-708(b) to adjust a trustee's compensation specified in the terms of the trust which is unreasonably low or high; The effect of an exculpatory term under § 35-15-1008; The rights under §§ 35-15-1010 — 35-15-1013 of a person other than a trustee or beneficiary; Periods of limitation for commencing a judicial proceeding; The power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice; and The subject matter jurisdiction of the court and venue for commencing a proceeding as provided in §§ 35-15-203 and 35-15-204. Any purpose enunciated as a material purpose of a trust in that trust's trust instrument shall be treated as a material purpose of that trust for all purposes of this chapter and chapter 16.