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KRS 386B.1-030

Default and mandatory rules

Known as the Uniform Trust Code

The act spans §§ 386B.10-010 to 386B.9-010 (95 sections).

Effective: July 15, 2014 History: Created 2014 Ky

(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:

(a) The requirements for creating a trust;

(b) The duty of a trustee to act in good faith and in the interests of the beneficiaries;

(c) 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;

(d) The power of the court to change or terminate a trust under Subchapter 4 of this chapter;

(e) The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in Subchapter 5 of this chapter;

(f) The power of the court under KRS 386B.7-020 to require, dispense with, or modify or terminate a bond;

(g) The power of the court under KRS 386B.7-080(2) to adjust a trustee's compensation as specified in the terms of the trust which is unreasonably low or high;

(h) The duty to notify and report under KRS 386B.8-130(2);

(i) The effect of an exculpatory term under KRS 386B.10-080;

(j) The rights under KRS 386B.10-100, 386B.10-110, and 386B.10-120 of a person other than a trustee or beneficiary;

(k) Periods of limitation for commencing a judicial proceeding;

(l) The power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice; and (m) The subject-matter jurisdiction of the court and venue for commencing a proceeding as provided in KRS 386B.2-030 and 386B.2-040.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.