{"data":{"id":"us-vt/14a-v.s.a.-105","jurisdiction":"us-vt","citation":"14A V.S.A. § 105","heading":"Default and mandatory rules","body":"(a) 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.\n(b) The terms of a trust prevail over any provision of this title 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 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) the power of the Probate Division of the Superior Court to modify or terminate a trust under sections 410 through 416 of this title;\n(5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in chapter 5 of this title;\n(6) the power of the Probate Division of the Superior Court under section 702 of this title to require, dispense with, or modify or terminate a bond;\n(7) the power of the Probate Division of the Superior Court under subsection 708(b) of this title 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 of this title;\n(9) the rights under sections 1010 through 1013 of this title 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 Probate Division of the Superior 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 Probate Division of the Superior Court and venue for commencing a proceeding as provided in sections 203 and 204 of this title.","path":["Title 14A: Trusts","Chapter 001: General Provisions and Definitions"],"source_url":"https://legislature.vermont.gov/statutes/section/14A/001/00105","current_through":"2025 session","vintage":"","retrieved_at":"2026-09-05T17:16:59Z","sha256":"46d965c393fcf09934e61806effcb47fa6240f343f6795147562d580313b233f","source_id":"us-vt","stale":false,"prev":"us-vt/14a-v.s.a.-104","next":"us-vt/14a-v.s.a.-106"},"notice":"GroundRules: Original legal text. Not legal advice."}