(a) The effect of the provisions of this chapter may be varied by the trust instrument except:
(1) As to any requirements relating to the creation and validity of express trusts as provided in Article 2 of this chapter;
(2) As to the effect of the rules relating to spendthrift trusts as provided in Article 5 of this chapter;
(3) As to the power of the beneficiaries to modify a trustee's compensation as provided in Code Section 53-12-210;
(4) As to the duty of a trustee to administer the trust and to exercise discretionary powers in good faith as provided in Code Sections 53-12-240 and 53-12-260;
(5) As to the effect of a provision relieving a trustee from liability as provided in Code Section 53-12-303; and
(6) As to the periods of limitation on actions as provided in Code Sections 53-12-45 and 53-12-307.
(b) Nothing in a trust instrument shall prohibit or limit a court from taking any actions authorized by the provisions of this chapter.
Section: Previous 53-12-1 53-12-2 53-12-3 53-12-4 53-12-5 53-12-6 53-12-7 53-12-8 NextLast modified: October 14, 2016