Section 44D-1-105 - Default and mandatory rules(a) Except as otherwise provided in the terms of the trust instrument, 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 but subject to the provisions of §44D-8A-809, §44D-8A-811, and §44D-8A-812 of this code;(3) The requirement that a trust and its terms 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 §44D-4-410 through §44D-4-416, inclusive, of this code;(5) The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in §44D-5-501 et seq. of this code;(6) The power of the court under §44D-7-702 of this code to require, dispense with, or modify or terminate a bond;(7) The power of the court under §44D-7-708(b) of this code to adjust a trustee's compensation specified in the terms of the trust instrument which is unreasonably low or high;(8) The effect of an exculpatory term under §44D-10-1008 of this code;(9) The rights under §44D-10-1010 through §44D-10-1013, inclusive, of this code of a person other than a trustee or beneficiary;(10) Periods of limitation for commencing a judicial proceeding;(11) The power of the court to take action and exercise jurisdiction as may be necessary in the interests of justice; and(12) The subject-matter jurisdiction of the court and venue for commencing a proceeding as provided in §44D-2-203 and §44D-2-204 of this code.Amended by 2021 Acts, ch. 117 (SB 81), eff. 4/2/2021.Amended by 2020 Acts, ch. 137 (SB 213), eff. 7/1/2020.Added by 2011 Acts, ch. 66 (HB 2551), eff. 6/10/2011.