What Fills the Gaps in the Trust Code
No single chapter of law covers every case. The Trust Code is thorough, but it cannot predict every dispute or question that comes up in trust management.
This law makes clear that when the Trust Code is silent, broad rules of law and equity apply. This means courts can still protect the interests of all parties.
Unless displaced by this chapter, the principles of law and equity supplement this chapter.
A.R.S. § 14-10004(A)In practice, courts can draw on centuries of trust law, contract law, and fair dealing rules. If a trustee breaks a duty in a way the Code does not name, the court still has tools to fix it. The terms of the trust stay central, but other legal rules fill the gaps.
Your Right to Disclaim Under Other Laws
This law also protects the right to waive, release, disclaim, or give up an interest in trust 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 payouts, this is a key safeguard. A person who wants to disclaim an inheritance for tax planning or personal reasons is not limited to the Trust Code's own rules. Other laws, like the Uniform Disclaimer of Property Interests Act, remain fully open.
This law also means that fiduciary duties set up outside the Trust Code still apply to trustees. Whether the issue involves a trust term, an investment choice, or a payout question, the Trust Code works alongside other laws.