{"data":{"id":"us-nj/n.j.-stat.-3b-31-5","jurisdiction":"us-nj","citation":"N.J. Stat. § 3B:31-5","heading":"Default and mandatory rules.","body":"Default and Mandatory Rules.\na.\tExcept as otherwise provided in the terms of the trust, this act governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.\nb.\tThe terms of a trust prevail over any provision of this act except:\n(1)\tthe requirements for creating a trust;\n(2)\tthe duty of a trustee to act in good faith and in accordance with the purposes of the trust;\n(3)\tthe 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;\n(4)\tthe power of the court to modify or terminate a trust under N.J.S.3B:31-26 through N.J.S.3B:31-33;\n(5)\tthe effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in article 4 of this act;\n(6)\tthe power of the court under N.J.S.3B:31-47 to require, dispense with, or modify or terminate a bond;\n(7)\tthe duty under subsections a. and b. of  N.J.S.3B:31-67 to respond to the request of a qualified beneficiary of an irrevocable trust who has attained the age of 35 years for a copy of the trust instrument or for other information reasonably related to the administration of the trust;\n(8)\tthe effect of an exculpatory term under  N.J.S.3B:31-77;\n(9)\tthe rights under  N.J.S.3B:31-79 through  N.J.S.3B:31-81 of a person other than a trustee or beneficiary;\n(10) periods of limitation for commencing a judicial proceeding; and\n(11) the power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice.\nL.2015, c.276, s.1.","path":["TITLE 3B ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2025, c.405, and J.R.22","vintage":"","retrieved_at":"2026-08-27T17:54:13Z","sha256":"a017a60953f6f4f9c7bd64c57fabe2a29263a1e6490d71069b27bd6c77bfc639","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-3b-31-4","next":"us-nj/n.j.-stat.-3b-31-6"},"notice":"GroundRules: Original legal text. Not legal advice."}