Mass. General Laws c.203E § 105

Default and mandatory rules

This is an unofficial version of a Massachusetts General Law.

Section 105

(a)

Except as otherwise provided in the terms of the trust, this chapter shall govern 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 chapter except:

• (1) the requirements for creating a trust;
• (2) the duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries;
• (3) the requirement that a trust have a purpose that is lawful and not contrary to public policy;
• (4) the power of the court to modify or terminate a trust under sections 410 to 416, inclusive;
• (5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust, as provided in article 5;
• (6) the power of the court under section 702 to require, dispense with or modify or terminate a bond;
• (7) the power of the court under subsection (b) of section 708 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 1008;
• (9) the rights under sections 1010 to 1013, inclusive, of a person other than a trustee or beneficiary; and
• (10) the power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice.