Alabama § 19-3B-105 Default and Mandatory Rules

Alabama Statutes

§ 19-3B-105 — Default and Mandatory Rules

Alabama·Title 19 Fiduciaries and Trusts·Ch. 3B Alabama Uniform Trust Code

(a)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.

(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 terms and purposes of the trust and the interest of the beneficiaries;

(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 Sections 19-3B-410 through 19-3B-416;

(5)the effect of a spendthrift provision and the

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(a) 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.
(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 terms and purposes of the trust and the interest of the beneficiaries;
(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 Sections 19-3B-410 through 19-3B-416;
(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 19-3B-702 to require, dispense with, or modify or terminate a bond;
(7) the power of the court under Section 19-3B-708(b) to adjust a trustee’s compensation, as specified in the terms of the trust or by written agreement, which is unreasonably low or high;
(8) the duty under Section 19-3B-813(a)(2) 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 Section 19-3B-1008;
(10) the rights under Sections 19-3B-1010 through 19-3B-1013 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 such action and exercise such jurisdiction as may be necessary in the interests of justice; and
(13) a proceeding as provided in Sections 19-3B-203 through 19-3B-205.

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