Vermont § 105 - Default and mandatory rules
Full text of Vermont Vermont Statutes Online § 105 — Default and mandatory rules, with citation guidance and answers to common questions.
§ 105. Default and mandatory rules
- (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. (b) The terms of a trust prevail over any provision of this title except: (1) the requirements for creating a trust; (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; (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 Probate Division of the Superior Court to modify or terminate a trust
under sections 410 through 416 of this title; (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; (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; (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; (8) the effect of an exculpatory term under section 1008 of this title; (9) the rights under sections 1010 through 1013 of this title of a person other than a trustee or beneficiary; (10) periods of limitation for commencing a judicial proceeding; (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 (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. (Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. Feb. 1, 2011.)
Frequently Asked Questions About Vermont § 105
What does Vermont Statutes Online § 105 cover?
Section 105 ("Default and mandatory rules") is part of the Vermont Statutes Online, the codified statutory law of Vermont. 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 Vermont § 105?
A common citation format is "Vermont Statutes Online § 105" (Vermont). 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 Vermont law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.
How does Vermont § 105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont 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 Vermont.