South Carolina § 62-7-105 Default and mandatory rules.

South Carolina Statutes

§ 62-7-105 — Default and mandatory rules.

South Carolina § 62-7-105

Title 62SOUTH CAROLINA PROBATE CODE

Ch.ARTICLE 7 - SOUTH CAROLINA TRUST CODE

This text of South Carolina § 62-7-105 (Default and mandatory rules.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 62-7-105 (2026).

Text

(a)Except as otherwise provided in the terms of the trust, this article 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 article 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 and possible to achieve;

(4)the power of the court to modify or terminate a trust under Sections 62-7-410 through 62-7-416;

(5)the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in Part 5;

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(a) Except as otherwise provided in the terms of the trust, this article 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 article 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 and possible to achieve; (4) the power of the court to modify or terminate a trust under Sections 62-7-410 through 62-7-416; (5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in Part 5; (6) the limitations on the ability of a settlor's agent under a power of attorney to revoke, amend, or make distributions from a revocable trust pursuant to Section 62-7-602A; (7) the power of the court under Section 62-7-708(b) 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 62-7-1008; (9) the rights under Sections 62-7-1010 through 62-7-1013 of a person other than a trustee or beneficiary; (10) periods of limitation for commencing a judicial proceeding; (11) the power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice; and (12) the subject matter jurisdiction of the court and venue for commencing a proceeding as provided in Sections 62-7-201 and 62-7-204.

Legislative History

HISTORY: 2005 Act No. 66, SECTION 1; 2010 Act No. 244, SECTION 45, eff June 7, 2010; 2013 Act No. 100, SECTION 2, eff January 1, 2014. Effect of Amendment The 2013 amendment in subsection (b)(6) substituted "62-7-602A" for "62-7-602(e)".