Section 203E:105 - Default and mandatory rules(a) Except as otherwise provided in the terms of the trust, this chapter shall govern 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 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 interests of the beneficiaries;(3) the requirement that a trust have a purpose that is lawful and not contrary to public policy;(4) the power of the court to modify or terminate a trust under sections 410 to 416, inclusive;(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 702 to require, dispense with or modify or terminate a bond;(7) the power of the court under subsection (b) of section 708 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;(9) the rights under sections 1010 to 1013, inclusive, of a person other than a trustee or beneficiary; and(10) the power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice.Mass. Gen. Laws ch. 203E, § 105
Added by Acts 2012, c. 140,§ 56, eff. 7/8/2012.