# Wyo. Stat. § 4-10-105: Default and mandatory rules

> Wyoming · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WY_T4_C10_S4-10-105

## Section

- **Citation:** Wyo. Stat. § 4-10-105
- **Heading:** Default and mandatory rules
- **Jurisdiction:** Wyoming
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Wyoming Code / Title 4 / Chapter 10 / Section 4-10-105

## Text

(a) 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 shall prevail over any provision of this act except:

(i) The requirements for creating a trust;

(ii) The duty of a trustee to act in good faith and in accordance with the purposes of the trust;

(iii) The requirement that a trust and the terms of that trust be for the benefit of its beneficiaries as their

interests are defined under the terms of that trust, and that the trust have a purpose that is lawful, not contrary to public policy, and possible to achieve;

(iv) The power of the court to modify or terminate a trust under W.S. 4-10-411 through 4-10-417;

(v) The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in article 5 of this act;

(vi) The power of the court under W.S. 4-10-702 to require, dispense with, or modify or terminate a bond;

(vii) The power of the court under W.S. 4-10-708(b) to adjust a trustee's compensation specified in the terms of the trust which is unreasonably low or high;

(viii) The effect of an exculpatory term under W.S. 4-10-1008;

(ix) The rights under W.S. 4-10-1010 through 4-10-1013 of a person other than a trustee or beneficiary;

(x) Periods of limitation for commencing a judicial proceeding;

(xi) The power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice;

(xii) The subject-matter jurisdiction of the court and venue for commencing a proceeding as provided in W.S. 4-10-203 and 4-10-204;

(xiii) Subject to W.S. 4-10-718, trust protectors as provided under W.S. 4-10-710 and trust advisors as provided under W.S. 4-10-712 shall be a fiduciary as to the powers, duties and discretions granted to the trust protector or trust advisor if the trustee is an excluded fiduciary as to the powers, duties and discretions granted to the trust protector or the trust advisor.

## Nearby sections

- [Wyo. Stat. § 4-10-101 Short title](https://www.frixlaw.com/law-library/statutes/STATE_WY_T4_C10_S4-10-101.md)
- [Wyo. Stat. § 4-10-102 Scope](https://www.frixlaw.com/law-library/statutes/STATE_WY_T4_C10_S4-10-102.md)
- [Wyo. Stat. § 4-10-103 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_WY_T4_C10_S4-10-103.md)
- [Wyo. Stat. § 4-10-104 Knowledge](https://www.frixlaw.com/law-library/statutes/STATE_WY_T4_C10_S4-10-104.md)
- [Wyo. Stat. § 4-10-105 Default and mandatory rules](https://www.frixlaw.com/law-library/statutes/STATE_WY_T4_C10_S4-10-105.md)
- [Wyo. Stat. § 4-10-106 Common law of trusts; principles of equity](https://www.frixlaw.com/law-library/statutes/STATE_WY_T4_C10_S4-10-106.md)
- [Wyo. Stat. § 4-10-107 Governing law](https://www.frixlaw.com/law-library/statutes/STATE_WY_T4_C10_S4-10-107.md)
- [Wyo. Stat. § 4-10-108 Principal place of administration; governing law for administering trusts](https://www.frixlaw.com/law-library/statutes/STATE_WY_T4_C10_S4-10-108.md)
- [Wyo. Stat. § 4-10-109 Methods and waiver of notice](https://www.frixlaw.com/law-library/statutes/STATE_WY_T4_C10_S4-10-109.md)
- [Wyo. Stat. § 4-10-110 Others treated as qualified beneficiaries](https://www.frixlaw.com/law-library/statutes/STATE_WY_T4_C10_S4-10-110.md)
- [Wyo. Stat. § 4-10-111 Nonjudicial settlement agreements](https://www.frixlaw.com/law-library/statutes/STATE_WY_T4_C10_S4-10-111.md)
- [Wyo. Stat. § 4-10-112 Insurable interest of trustee](https://www.frixlaw.com/law-library/statutes/STATE_WY_T4_C10_S4-10-112.md)
- [Wyo. Stat. § 4-10-201 Role of court in administration of trust](https://www.frixlaw.com/law-library/statutes/STATE_WY_T4_C10_S4-10-201.md)
- [Wyo. Stat. § 4-10-202 Jurisdiction over fiduciary and beneficiary](https://www.frixlaw.com/law-library/statutes/STATE_WY_T4_C10_S4-10-202.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WY_T4_C10_S4-10-105. Check the current official text before relying on it. Not legal advice.