What Fills the Gaps in the Trust Code
No single chapter of law covers every situation. The Arizona Trust Code is thorough, but it cannot anticipate every dispute, circumstance, or question that arises in trust administration. This statute makes clear that when the Trust Code is silent, established principles of law and equity apply.
Unless displaced by this chapter, the principles of law and equity supplement this chapter.
A.R.S. § 14-10004(A)In practical terms, this means that courts can draw on centuries of trust law, contract law, and equitable principles when deciding cases the Trust Code does not specifically address. If a trustee breaches a duty in a way not explicitly covered by the Code, the court still has the tools to provide a remedy.
Your Right to Disclaim Under Other Laws
This statute also protects a separate but important right: the ability to waive, release, disclaim, or renounce an interest in property under any law outside this chapter.
This chapter does not limit any right of a person to waive, release, disclaim or renounce an interest in or power over property under a law other than this chapter.
A.R.S. § 14-10004(B)For families managing trust distributions, this is a meaningful safeguard. A beneficiary who wants to disclaim an inheritance for tax planning or personal reasons is not limited to the disclaimer rules found in the Trust Code alone. Other Arizona statutes, including the Uniform Disclaimer of Property Interests Act, remain fully available.
