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Ark. Code Ann. § 28-73-105

Default and mandatory rules

Known as the Arkansas Trust Code

The act spans §§ 28–28 (103 sections).

Applied in 4 court decisions — leading case Fisher v. Boling (2019)

Most recently applied in 2024 Ark. App. 6 - Ashley Jacks, Individually and as parent/legal Custodian to Minor Beneficiaries, Paris Ludwig and Bayli Ludwig, of the Havis L. Jacks Revocable Trust v. Sandra Brossett, Individually, as of the Last Will and Testament of Havis L. Jacks, and as Trustee of the Havis L. Jacks Revocable Trust (January 2024)

Acts 2005, No. 1031, § 1; 2019, No. 1021, § 2.

How often courts cite this section

200920102020202420
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Except as otherwise provided in the terms of the trust, this chapter governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.

(2) The terms of a trust prevail over any provision of this chapter except: the requirements for creating a trust;

(3) subject to §§ 28-76-109, 28-76-111, and 28-76-112 of the Uniform Directed Trust Act, § 28-76-101 et seq., the duty of a trustee to act in good faith and in accordance with the purposes of the trust;

(4) 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;

(5) the power of a court to modify or terminate a trust under §§ 28-73-410 — 28-73-416;

(6) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in § 28-73-501 et seq.;

(7) the power of a court under § 28-73-702 to require, dispense with, or modify or terminate a bond;

(8) the power of a court under § 28-73-708(b) to adjust a trustee's compensation specified in the terms of the trust which is unreasonably low or high;

(9) the rights under §§ 28-73-1010 — 28-73-1013 of a person other than a trustee or beneficiary;

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

(11) the power of a 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 a court for commencing a proceeding as provided in § 28-73-203.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.