{"data":{"id":"us-ma/mass.-gen.-laws-ch.-203e-105","jurisdiction":"us-ma","citation":"Mass. Gen. Laws ch. 203E, § 105","heading":"Default and mandatory rules","body":"Section 105. Default and mandatory rules\n(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.\n(b) The terms of a trust shall prevail over any provision of this chapter except:\n(1) the requirements for creating a trust;\n(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;\n(3) the requirement that a trust have a purpose that is lawful and not contrary to public policy;\n(4) the power of the court to modify or terminate a trust under sections 410 to 416, inclusive;\n(5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust, as provided in article 5;\n(6) the power of the court under section 702 to require, dispense with or modify or terminate a bond;\n(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;\n(8) the effect of an exculpatory term under section 1008;\n(9) the rights under sections 1010 to 1013, inclusive, of a person other than a trustee or beneficiary; and\n(10) the power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice.","path":["Part II","Title II","Chapter 203E"],"source_url":"https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter203E/Section105","current_through":"amendments passed before May 31, 2026","vintage":"","retrieved_at":"2026-09-17T05:24:35Z","sha256":"4ce4cb79a3958eed86c13d75019654682f29d50ac35d9224893647b8ecf76659","source_id":"us-ma","stale":false,"prev":"us-ma/mass.-gen.-laws-ch.-203e-104","next":"us-ma/mass.-gen.-laws-ch.-203e-106"},"notice":"GroundRules: Original legal text. Not legal advice."}