{"data":{"id":"us-sc/s.c.-code-ann.-62-7-105","jurisdiction":"us-sc","citation":"S.C. Code Ann. § 62-7-105","heading":"Default and mandatory rules.","body":"(a) Except as otherwise provided in the terms of the trust, this article governs 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 prevail over any provision of this article 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 purposes of the trust;\n(3) 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;\n(4) the power of the court to modify or terminate a trust under Sections 62-7-410 through 62-7-416;\n(5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in Part 5;\n(6) the limitations on the ability of a settlor's agent under a power of attorney to revoke, amend, or make distributions from a revocable trust pursuant to Section 62-7-602A;\n(7) the power of the court under Section 62-7-708(b) 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 62-7-1008;\n(9) the rights under Sections 62-7-1010 through 62-7-1013 of a person other than a trustee or beneficiary;\n(10) periods of limitation for commencing a judicial proceeding;\n(11) the power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice; and\n(12) the subject matter jurisdiction of the court and venue for commencing a proceeding as provided in Sections 62-7-201 and 62-7-204.","path":["Title 62 - SOUTH CAROLINA PROBATE CODE","ARTICLE 7 South Carolina Trust Code","Part 1 General Provisions and Definitions"],"source_url":"https://www.scstatehouse.gov/code/t62c007.php","current_through":"2025 Session of the General Assembly","vintage":"","retrieved_at":"2026-09-02T08:08:54Z","sha256":"0c7e2f6c2dca25eb37d7ada28e0f7c6340bb41ac8270bb7844c1bc0e64c698b6","source_id":"us-sc","stale":false,"prev":"us-sc/s.c.-code-ann.-62-7-104","next":"us-sc/s.c.-code-ann.-62-7-106"},"notice":"GroundRules: Original legal text. Not legal advice."}