New Jersey § 3b:31-5
Full text of New Jersey New Jersey Statutes § 3b:31-5, with citation guidance and answers to common questions.
§ 3b:31-5.
Default and Mandatory Rules. a. Except 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. b. The terms of a trust prevail over any provision of this act except: (1) the requirements for creating a trust; (2) the duty of a trustee to act in good faith and in accordance with the purposes
of the trust; (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; (4) the power of the court to modify or terminate a trust under N.J.S.3B:31-26 through N.J.S.3B:31-33 ; (5) the 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; 1 (6) the power of the court under N.J.S.3B:31-47 to require, dispense with, or modify or terminate a bond; (7) the 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; (8) the effect of an exculpatory term under N.J.S.3B:31-77 ; (9) the rights under N.J.S.3B:31-79 through N.J.S.3B:31-81 of a person other than a trustee or beneficiary; (10) periods of limitation for commencing a judicial proceeding; and (11) the power of the court to take such action and exercise such jurisdiction as
may be necessary in the interests of justice. 1
See N.J.S.A. § 3B:31-35 et seq.
Frequently Asked Questions About New Jersey § 3b:31-5
What does New Jersey Statutes § 3b:31-5 cover?
Section 3b:31-5 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 3b:31-5?
A common citation format is "New Jersey Statutes § 3b:31-5" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 3b:31-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.