Utah § 75B-2-105 Default and mandatory rules.

Utah Statutes

§ 75B-2-105 — Default and mandatory rules.

Utah § 75B-2-105

Title 75BTrusts

Ch. 75B-2Uniform Trust Code

Part 75B-2-1General Provisions

This text of Utah § 75B-2-105 (Default and mandatory rules.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 75B-2-105 (2026).

Text

(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:

(2)(a) the requirements for creating a trust;

(2)(b) subject to Sections 75B-3-109, 75B-3-111, and 75B-3-112, the duty of a trustee to act in good faith and in accordance with the purposes of the trust;

(2)(c) the requirement that a trust and the terms of the trust be for the benefit of the trust's beneficiaries;

(2)(d) the power of the court to modify or terminate a trust under Sections 75B-2-410 through 75B-2-416;

(2)(e) the effect of a spendthrift provision, an asset protection

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(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:
(2)(a) the requirements for creating a trust;
(2)(b) subject to Sections 75B-3-109, 75B-3-111, and 75B-3-112, the duty of a trustee to act in good faith and in accordance with the purposes of the trust;
(2)(c) the requirement that a trust and the terms of the trust be for the benefit of the trust's beneficiaries;
(2)(d) the power of the court to modify or terminate a trust under Sections 75B-2-410 through 75B-2-416;
(2)(e) the effect of a spendthrift provision, an asset protection trust described in Chapter 1, Part 3, Asset Protection Trust, and the rights of certain creditors and assignees to reach a trust as provided in Part 5, Spendthrift and Discretionary Trusts;
(2)(f) the power of the court under Section 75B-2-702 to require, dispense with, or modify or terminate a bond;
(2)(g) the effect of an exculpatory term under Section 75B-2-1008;
(2)(h) the rights under Sections 75B-2-1010 through 75B-2-1013 of a person other than a trustee or beneficiary;
(2)(i) periods of limitation for commencing a judicial proceeding; and
(2)(j) the jurisdiction and venue requirements for an action involving a trust as described in Sections 75B-2-203 and 75B-2-205.