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The 190th General Court of the Commonwealth of Massachusetts

Section 105: Default and mandatory rules

[Text of section applicable as provided by 2012, 140, Sec. 66.]

Section 105. 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.