Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - Massachusetts General Laws Part II. Real and Personal Property and Domestic Relations (Ch. 183-210) Ch. 203E, § 105 - last updated January 01, 2025 | https://codes.findlaw.com/ma/part-ii-real-and-personal-property-and-domestic-relations-ch-183-210/ma-gen-laws-ch-203e-sect-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.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)