59-09-05. (105) Default and mandatory rules

59-09-05. (105) Default and mandatory rules

1. 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.

2. The terms of a trust prevail over any provision of this title except:

a. The requirements for creating a trust;

b. 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 its terms be for the benefit of its beneficiaries,

and that the trust have a purpose that is lawful and possible to achieve;

d. The power of the court to modify or terminate a trust under sections 59-12-10,

59-12-11, 59-12-12, 59-12-13, 59-12-14, 59-12-15, and 59-12-16;

e. The effect of a spendthrift provision and the rights of certain creditors and

assignees to reach a trust as provided in chapter 59-13;

f. The power of the court under section 59-15-02 to require, dispense with, or

modify or terminate a bond;

g. The power of the court under subsection 2 of section 59-15-08 to adjust a

trustee's compensation specified in the terms of the trust which is unreasonably

low or high;

h. The effect of an exculpatory term under section 59-18-08;

i. The rights under sections 59-18-10, 59-18-11, 59-18-12, and 59-18-13 of a

person other than a trustee or beneficiary;

j. Periods of limitation for commencing a judicial proceeding;

k. The power of the court to take such action and exercise such jurisdiction as may

be necessary in the interests of justice; and

l. The subject matter jurisdiction of the court and venue for commencing a

proceeding as provided in section 59-10-04.