{"data":{"id":"us-nd/n.d.-cent.-code-59-09-05","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 59-09-05","heading":"(105) Default and mandatory rules","body":"1.Except as otherwise provided in the terms of the trust, this title governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.\n2.The terms of a trust prevail over any provision of this title except:\na.The requirements for creating a trust;\nb.The duty of a trustee to act in good faith and in accordance with the purposes of the trust;\nc.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 and possible to achieve;\nd.The power of the court to modify or terminate a trust under sections 59-12-10, 59-12-11, 59-12-12, 59-12-13, 59-12-14, 59-12-15, and 59-12-16;\ne.The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in chapter 59-13;\nf.The power of the court under section 59-15-02 to require, dispense with, or modify or terminate a bond;\ng.The power of the court under subsection 2 of section 59-15-08 to adjust a trustee's compensation specified in the terms of the trust which is unreasonably low or high;\nh.The effect of an exculpatory term under section 59-18-08;\ni.The rights under sections 59-18-10, 59-18-11, 59-18-12, and 59-18-13 of a person other than a trustee or beneficiary;\nj.Periods of limitation for commencing a judicial proceeding;\nk.The power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice; and\nl.The subject matter jurisdiction of the court and venue for commencing a proceeding as provided in section 59-10-04.","path":["Title 59 Trusts","Chapter 59-09 General Provisions And Definitions"],"source_url":"https://ndlegis.gov/cencode/t59c09.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"3363105ce1bf5ff566b0c40f36e563c83c9f08e182b6d1e5a13e76f5c1dc43b3","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-59-09-04.1","next":"us-nd/n.d.-cent.-code-59-09-06"},"notice":"GroundRules: Original legal text. Not legal advice."}