LD 921
pg. 5
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LR 466
Item 1

 
2.__Terms prevail; exceptions.__The terms of a trust prevail over
any provision of this Code except:

 
A.__The requirements for creating a trust;

 
B.__The duty of a trustee to act in good faith and in
accordance with the purposes of the trust;

 
C.__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;

 
D.__The power of the court to modify or terminate a trust
under sections 410 to 416;

 
E.__The effect of a spendthrift provision and the rights of
certain creditors and assignees to reach a trust as provided
in chapter 5;

 
F.__The power of the court under section 702 to require,
dispense with, modify or terminate a bond;

 
G.__The power of the court under section 708, subsection 2
to adjust a trustee's compensation specified in the terms of
the trust that is unreasonably low or high;

 
H.__The duty under section 813, subsection 2, paragraphs B
and C to notify qualified beneficiaries of an irrevocable
trust who have attained 25 years of age of the existence of
the trust, of the identity of the trustee and of their right
to request trustee's reports;

 
I.__The duty under section 813, subsection 1 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;

 
J.__The effect of an exculpatory term under section 1008;

 
K.__The rights under sections 1010 to 1013 of a person other
than a trustee or beneficiary;

 
L.__Periods of limitation for commencing a judicial
proceeding;

 
M.__The power of the court to take such action and exercise
such jurisdiction as may be necessary in the interests of
justice; and


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