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New Jersey Statutes Title 3B. Administration of Estates Decedents and Others 3B § 31-5

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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 prevail over any provision of this act 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 N.J.S.3B:31-26 through N.J.S.3B:31-33;

(5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in article 4 of this act;  1

(6) the power of the court under N.J.S.3B:31-47 to require, dispense with, or modify or terminate a bond;

(7) the duty under subsections a. and b. of N.J.S.3B:31-67 to respond to the request of a qualified beneficiary of an irrevocable trust who has attained the age of 35 years for a copy of the trust instrument or for other information reasonably related to the administration of the trust;

(8) the effect of an exculpatory term under N.J.S.3B:31-77;

(9) the rights under N.J.S.3B:31-79 through N.J.S.3B:31-81 of a person other than a trustee or beneficiary;

(10) periods of limitation for commencing a judicial proceeding;  and

(11) the power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice.

1  See N.J.S.A. § 3B:31-35 et seq.

Cite this article: - New Jersey Statutes Title 3B. Administration of Estates Decedents and Others 3B § 31-5 - last updated February 19, 2021 |

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