Iowa Code » Chapter 633A — IOWA TRUST CODE
Iowa Code

Iowa Code § 633A.1105 (2026)

Trust terms control

✓ current as of July 2026
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The terms of a trust shall always control and take precedence over any section of this trust code to the contrary. If a term of the trust modifies or makes any section of this trust code inapplicable to the trust, the common law shall apply to any issues raised by such term. 99 Acts, ch 125, §5, 109 C2001, §633.1105 2003 Acts, ch 95, §7; 2004 Acts, ch 1015, §26; 2005 Acts, ch 38, §54 CS2005, §633A.1105

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Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 2018–2024 · leading case: Corrado v. Life Investors Ins. Co. of Am., 878 F.3d 648 (8th Cir. 2018).
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Corrado v. Life Investors Ins. Co. of Am., 878 F.3d 648 (8th Cir. 2018). “, The Law Of Trusts And Trustees § 802 (“If an act of one of the beneficiaries gave rise to the necessity for the expenditure, or he will obtain the sole or principal benefit from it, the trustee may reasonably place the burden of the expense upon him.”
Katina M. Little v. Keith A. Davis & Donald J. Davis, Co-Trs. of the Donald K. Davis & Collen Davis Fam. Trust (Iowa 2022). · cites it 12× “Iowa Code § 633A.1105. In the district court’s view, section 633A.”
Shaffer v. Tewes (N.D. Iowa 2020). · cites it 3× “2018) (quoting IOWA CODE § 633A.1105)). “The terms of a trust shall always control and take precedence over any section of this trust code to the contrary.”
In the Matter of the Workman Fam. Trust (Iowa Ct. App. 2023). · cites it 2× “Iowa Code § 633A.1105. A trustee’s statutory duties require they administer the trust according to the terms of the trust and the Code, “but nothing in this trust code authorizes a trustee to act in bad faith or in disregard of the purposes of the trust or the interest of the…”
In the Matter of the Max & Nelda Lauser Trust Created Under the Will of Max L. Lauser (Iowa Ct. App. 2024). · cites it 2× “§ 633A.1105 (“The terms of a trust shall always control and take precedence over any section of this trust code to the contrary.”
Garloff v. Shaffer (N.D. Iowa 2020). · cites it 2× “Iowa Code § 633A.1105. Also, it is the Court’s duty to determine the settlor’s intent based on the language of the instrument and give effect to all provisions of the trust when reasonably possible.”
In the Matter of the Trust of Bobby Dean Churchill (Iowa Ct. App. 2024). · cites it 2× “” Iowa Code § 633A.1105. Under Churchill’s executed language, he placed 280 acres of farmland in trust “to be held for the benefit of my daughters, Kathy and Nancy, for their lifetime.”
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