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Current as of March 28, 2024 | Updated by Findlaw Staff
(a) Except as otherwise provided in the terms of the trust, 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) subject to §§ 28-76-109, 28-76-111, and 28-76-112 of the Uniform Directed Trust Act, § 28-76-101 et seq., the duty of a trustee to act in good faith and in accordance with the purposes of the trust;
(3) 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, not contrary to public policy, and possible to achieve;
(4) the power of a court to modify or terminate a trust under §§ 28-73-410 -- 28-73-416;
(5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in § 28-73-501 et seq.;
(6) the power of a court under § 28-73-702 to require, dispense with, or modify or terminate a bond;
(7) the power of a court under § 28-73-708(b) to adjust a trustee's compensation specified in the terms of the trust which is unreasonably low or high;
(8) the rights under §§ 28-73-1010 -- 28-73-1013 of a person other than a trustee or beneficiary;
(9) periods of limitation for commencing a judicial proceeding;
(10) the power of a court to take such action and exercise such jurisdiction as may be necessary in the interests of justice; and
(11) the subject-matter jurisdiction of a court for commencing a proceeding as provided in § 28-73-203.
Cite this article: FindLaw.com - Arkansas Code Title 28. Wills, Estates, and Fiduciary Relationships § 28-73-105. Default and mandatory rules - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-28-wills-estates-and-fiduciary-relationships/ar-code-sect-28-73-105/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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