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Utah · Through 2026 General Session

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

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Where this section sits in the code
  1. Title 75B Trusts
  2. Chapter 75B-2 Uniform Trust Code
  3. Part 75B-2-1 General Provisions

(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:

(a) the requirements for creating a trust;

(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;

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

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

(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;

(f) the power of the court under Section 75B-2-702 to require, dispense with, or modify or terminate a bond;

(g) the effect of an exculpatory term under Section 75B-2-1008;

(h) the rights under Sections 75B-2-1010 through 75B-2-1013 of a person other than a trustee or beneficiary;

(i) periods of limitation for commencing a judicial proceeding; and

(j) the jurisdiction and venue requirements for an action involving a trust as described in Sections 75B-2-203 and 75B-2-205.

Collected 2026-09-03T11:34:34Z. Source file · JSON

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