3B:31-5. Default and Mandatory Rules.

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.   (1)  the requirements for creating a trust; 

2.   (2)  the duty of a trustee to act in good faith and in accordance with the purposes of the trust; 

3.   (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;
(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.