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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) 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.
(2) Except as specifically provided in this chapter, the terms of a trust prevail over any provision of this chapter except:
(a) the requirements for creating a trust;
(b) subject to Sections 75-12-109, 75-12-111, and 75-12-112, the duty of a trustee to act in good faith and in accordance with the purposes of the trust;
(c) the requirement that a trust and the terms of the trust be for the benefit of the trust's beneficiaries;
(d) the power of the court to modify or terminate a trust under Sections 75-7-410 through 75-7-416;
(e) the effect of a spendthrift provision, Section 75B-1-302, and the rights of certain creditors and assignees to reach a trust as provided in Part 5, Creditor's Claims--Spendthrift and Discretionary Trusts;
(f) the power of the court under Section 75-7-702 to require, dispense with, or modify or terminate a bond;
(g) the effect of an exculpatory term under Section 75-7-1008;
(h) the rights under Sections 75-7-1010 through 75-7-1013 of a person other than a trustee or beneficiary;
(i) periods of limitation for commencing a judicial proceeding; and
(j) the jurisdiction and venue requirements for an action involving a trust as described in Sections 75-7-203 and 75-7-205.
Cite this article: FindLaw.com - Utah Code Title 75. Utah Uniform Probate Code § 75-7-105. Default and mandatory rules - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-75-utah-uniform-probate-code/ut-code-sect-75-7-105/
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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