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Current as of January 01, 2025 | Updated by Findlaw Staff
A. Except as otherwise provided in the terms of the trust, this chapter governs:
1. The duties, powers, exercise of powers, resignation and appointment of a trustee.
2. Conflicts of interest of a trustee.
3. Relations among trustees.
4. Mergers or divisions of trusts.
5. 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 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 the court to modify or terminate a trust under §§ 14-10410, 14-10411, 14-10412, 14-10413, 14-10414, 14-10415 and 14-10416.
5. 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 chapter. 1
6. The power of the court under § 14-10702 to require, dispense with, modify or terminate a bond.
7. The power of the court under § 14-10708, subsection B to adjust a trustee's compensation specified in the terms of the trust that is unreasonably low or high.
8. The duty to respond to the request of a qualified beneficiary of an irrevocable trust for trustee's reports and other information reasonably related to the administration of a trust.
9. The effect of an exculpatory term under § 14-11008.
10. The rights under §§ 14-11010, 14-11011, 14-11012 and 14-11013 of a person other than a trustee or beneficiary.
11. Periods of limitation for commencing a judicial proceeding.
12. The power of the court to take action consistent with the settlor's intent and exercise jurisdiction as may be necessary in the interests of justice.
13. The subject matter jurisdiction of the court and venue for commencing a proceeding as provided in §§ 14-10203 and 14-10204.
14. The notice provisions of § 14-10110, subsection B.
15. The enforceability of a penalty clause under § 14-10113.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 14. Trusts, Estates and Protective Proceedings § 14-10105. Default and mandatory rules - last updated January 01, 2025 | https://codes.findlaw.com/az/title-14-trusts-estates-and-protective-proceedings/az-rev-st-sect-14-10105/
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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