Minnesota Statutes

Minn. Stat. § 501C.0105 (2026)

Default And Mandatory Rules

✓ current as of May 2026
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(a) Except as otherwise provided in the terms of a trust, this chapter 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 chapter 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 court to modify or terminate a trust under sections 501C.0410 to 501C.0416;

(5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in sections 501C.0502 to 501C.0507;

(6) the power of the court under section 501C.0702 to require, dispense with, or modify or terminate a bond;

(7) the power of the court under section 501C.0708, paragraph (b), 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 501C.1008;

(9) the rights under sections 501C.1010 to 501C.1013 of a person other than a trustee or beneficiary;

(10) periods of limitation for commencing a judicial proceeding;

(11) the power of the 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 court as provided in section 501C.0202 and venue for commencing a proceeding as provided in section 501C.0207, except as provided in section 501C.0102.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: In the Matter of the Arthur F. Symens Revocable Trust created September 21, 2016 (Minn. Ct. App. 2025).
In the Matter of the Arthur F. Symens Revocable Trust created September 21, 2016 (Minn. Ct. App. 2025). · cites it 2× “See Minn. Stat. § 501C.0105(b) (2024) (stating that “[t]he terms of a trust prevail over any provision of this chapter except” for certain enumerated instances), .”
— Minn. Stat. § 501C.0105(b) — 1 case
In the Matter of the Arthur F. Symens Revocable Trust created September 21, 2016 (Minn. Ct. App. 2025). “See Minn. Stat. § 501C.0105(b) (2024) (stating that “[t]he terms of a trust prevail over any provision of this chapter except” for certain enumerated instances), .”
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