A. 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.\nB. The terms of a trust prevail over any provision of this chapter except:\n1. The requirements for creating a trust;\n2. Subject to subsection I of § 64.2-756 and §§ 64.2-779.32 and 64.2-779.34, 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;\n3. 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;\n4. The power of the court to modify or terminate a trust under §§ 64.2-728 through 64.2-734;\n5. The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in Article 5 (§ 64.2-742 et seq.);\n6. The power of the court under § 64.2-755 to require, dispense with, or modify or terminate a bond;\n7. The power of the court under subsection B of § 64.2-761 to adjust a trustee's compensation specified in the terms of the under § 64.2-755 to require, dispense with, or modify or terminate a bond;\n7. The power of the court under subsection B of § 64.2-761 to adjust a trustee's compensation specified in the terms of the trust that is unreasonably low or high;\n8. The effect of an exculpatory term under § 64.2-799;\n9. The rights under §§ 64.2-801 through 64.2-804 of a person other than a trustee or beneficiary;\n10. Periods of limitation for commencing a judicial proceeding; and\n11. The power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice.\n2005, c. 935, § 55-541.05; 2007, c. 216; 2012, c. 614; 2020, c. 768.
Virginia Legal Code