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 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;
(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; and
(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.
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