§ 4-10-105 — Default and mandatory rules

(a) Except as otherwise provided in the terms of the
trust, this act 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 shall prevail over any provision
of this act except:
(i) The requirements for creating a trust;
(ii) The duty of a trustee to act in good faith and
in accordance with the purposes of the trust;
(iii) The requirement that a trust and the terms of
that trust be for the benefit of its beneficiaries as their
interests are defined under the terms of that trust, and that
the trust have a purpose that is lawful, not contrary to public
policy, and possible to achieve;
(iv) The power of the court to modify or terminate a
trust under W.S. 4-10-411 through 4-10-417;
(v) The effect of a spendthrift provision and the
rights of certain creditors and assignees to reach a trust as
provided in article 5 of this act;
(vi) The power of the court under W.S. 4-10-702 to
require, dispense with, or modify or terminate a bond;
(vii) The power of the court under W.S. 4-10-708(b)
to adjust a trustee's compensation specified in the terms of the
trust which is unreasonably low or high;
(viii) The effect of an exculpatory term under W.S.
4-10-1008;
(ix) The rights under W.S. 4-10-1010 through
4-10-1013 of a person other than a trustee or beneficiary;
(x) Periods of limitation for commencing a judicial
proceeding;
(xi) The power of the court to take such action and
exercise such jurisdiction as may be necessary in the interests
of justice;
(xii) The subject-matter jurisdiction of the court
and venue for commencing a proceeding as provided in W.S.
4-10-203 and 4-10-204;
(xiii) Subject to W.S. 4-10-718, trust protectors as
provided under W.S. 4-10-710 and trust advisors as provided
under W.S. 4-10-712 shall be a fiduciary as to the powers,
duties and discretions granted to the trust protector or trust
advisor if the trustee is an excluded fiduciary as to the
powers, duties and discretions granted to the trust protector or
the trust advisor.