Wyo. Stat. § 4-10-105

Current through the 2024 legislative session
Section 4-10-105 - Default and mandatory rules
(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.

W.S. 4-10-105

Amended by Laws 2023, ch. 118,§ 1, eff. 7/1/2023.
Amended by Laws 2021 , ch. 53, § 2, eff. 7/1/2021.