reglab/housing_qa huggingface dataset:
UT Code § 75-7-405 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 4 - Creation, Validity, Modification, and Termination of Trust|Section 405 - Charitable purposes -- Enforcement.

75-7-405. Charitable purposes -- Enforcement.    (1) A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which is beneficial to the community.     (2) If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the trustee, if authorized by the terms of the trust, or if not, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor's intention to the extent it can be ascertained.     (3) The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust.    Repealed and Re-enacted by Chapter 89, 2004 General Session
UT Code § 75-7-406 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 4 - Creation, Validity, Modification, and Termination of Trust|Section 406 - Creation of trust induced by fraud, duress, or undue influence.

75-7-406. Creation of trust induced by fraud, duress, or undue influence.  A trust is void to the extent its creation was induced by fraud, duress, or undue influence.  Repealed and Re-enacted by Chapter 89, 2004 General Session
UT Code § 75-7-407 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 4 - Creation, Validity, Modification, and Termination of Trust|Section 407 - Evidence of oral trust.

75-7-407. Evidence of oral trust.  Except as required by a statute other than this chapter, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence.  Repealed and Re-enacted by Chapter 89, 2004 General Session
UT Code § 75-7-408 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 4 - Creation, Validity, Modification, and Termination of Trust|Section 408 - Trust for care of animal.

75-7-408. Trust for care of animal.  A trust may be created to provide for the care of a pet or animal as provided in Section 75-2-1001.  Repealed and Re-enacted by Chapter 89, 2004 General Session
UT Code § 75-7-409 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 4 - Creation, Validity, Modification, and Termination of Trust|Section 409 - Noncharitable trust without ascertainable beneficiary.

75-7-409. Noncharitable trust without ascertainable beneficiary.  A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee as provided in Section 75-2-1001.  Repealed and Re-enacted by Chapter 89, 2004 General Session
UT Code § 75-7-410 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 4 - Creation, Validity, Modification, and Termination of Trust|Section 410 - Modification or termination of trust -- Proceedings for approval or disapproval.

75-7-410. Modification or termination of trust -- Proceedings for approval or disapproval.    (1) In addition to the methods of termination prescribed by Sections 75-7-411 through 75-7-414, a trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved, or the purposes of the trust have become unlawful, contrary to public policy, or impossible to achieve.     (2) A proceeding to approve or disapprove a proposed modification or termination under Sections 75-7-411 through 75-7-416, or trust combination or division under Section 75-7-417, may be commenced by a trustee or qualified beneficiary, and a proceeding to approve or disapprove a proposed modification or termination under Section 75-7-411 may be commenced by the settlor. The settlor of a charitable trust may maintain a proceeding to modify the trust under Section 75-7-413.    Repealed and Re-enacted by Chapter 89, 2004 General Session
UT Code § 75-7-411 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 4 - Creation, Validity, Modification, and Termination of Trust|Section 411 - Modification or termination of noncharitable irrevocable trust by consent.

75-7-411. Modification or termination of noncharitable irrevocable trust by consent.    (1) A noncharitable, irrevocable trust may be modified or terminated upon consent of the settlor and all beneficiaries, even if the modification or termination is inconsistent with a material purpose of the trust. A settlor's power to consent to a trust's termination may be exercised by an agent under a power of attorney only to the extent expressly authorized by the power of attorney or the terms of the trust, by the settlor's conservator with the approval of the court supervising the conservatorship if an agent is not so authorized, or by the settlor's guardian with the approval of the court supervising the guardianship if an agent is not so authorized and a conservator has not been appointed.     (2) A noncharitable, irrevocable trust may be terminated upon consent of all of the beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. A noncharitable, irrevocable trust may be modified upon consent of all of the beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust.     (3) A spendthrift provision in the terms of the trust is not presumed to constitute a material purpose of the trust.     (4) Upon termination of a trust under Subsection (1) or (2), the trustee shall distribute the trust property as agreed by the beneficiaries.     (5) If not all of the beneficiaries consent to a proposed modification or termination of the trust under Subsection (1) or (2), the modification or termination may be approved by the court if the court is satisfied that:   (a) if all of the beneficiaries had consented, the trust could have been modified or terminated under this section; and     (b) the interests of a beneficiary who does not consent will be adequately protected.      Repealed and Re-enacted by Chapter 89, 2004 General Session
UT Code § 75-7-412 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 4 - Creation, Validity, Modification, and Termination of Trust|Section 412 - Modification or termination because of unanticipated circumstances or inability to administer trust effectively.

75-7-412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively.    (1) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.     (2) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.     (3) Upon termination of a trust under this section, the trustee shall distribute the trust property as directed by the court or otherwise in a manner consistent with the purposes of the trust.    Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-413 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 4 - Creation, Validity, Modification, and Termination of Trust|Section 413 - Cy pres.

75-7-413. Cy pres.    (1) Except as otherwise provided in Subsection (2), if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful:   (a) the trust does not fail, in whole or in part;     (b) the trust property does not revert to the settlor or the settlor's successors in interest; and     (c) the court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes.       (2) A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under Subsection (1) to apply cy pres to modify or terminate the trust only if, when the provision takes effect:   (a) the trust property is to revert to the settlor and the settlor is still living; or     (b) fewer than 21 years have elapsed since the date of the trust's creation.      Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-414 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 4 - Creation, Validity, Modification, and Termination of Trust|Section 414 - Modification or termination of uneconomic trust.

75-7-414. Modification or termination of uneconomic trust.    (1) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value less than $100,000 may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration.     (2) The court may modify or terminate a trust or remove the trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration.     (3) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.     (4) This section does not apply to an easement for conservation or preservation.    Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-415 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 4 - Creation, Validity, Modification, and Termination of Trust|Section 415 - Reformation to correct mistakes.

75-7-415. Reformation to correct mistakes.  The court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor's intention if it is proved by clear and convincing evidence that both the settlor's intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.  Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-416 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 4 - Creation, Validity, Modification, and Termination of Trust|Section 416 - Modification to achieve settlor's tax objectives.

75-7-416. Modification to achieve settlor's tax objectives.  To achieve the settlor's tax objectives, the court may modify the terms of a trust in order to achieve the settlor's tax objectives. The court may provide that the modification has retroactive effect.  Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-417 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 4 - Creation, Validity, Modification, and Termination of Trust|Section 417 - Combination and division of trusts.

75-7-417. Combination and division of trusts.  After notice to the qualified beneficiaries, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts, if the result does not impair rights of any beneficiary or adversely affect achievement of the purposes of the trust.  Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-501 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts|Section 501 - Rights of beneficiary's creditor or assignee.

 Effective 5/9/2017  75-7-501. Rights of beneficiary's creditor or assignee.  To the extent a beneficiary's interest is not protected by a spendthrift provision or Section 25-6-502, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means. The court may limit the award to relief as is appropriate under the circumstances. Amended by Chapter 204, 2017 General Session
UT Code § 75-7-502 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts|Section 502 - Spendthrift provisions for beneficiaries other than the settlor.

75-7-502. Spendthrift provisions for beneficiaries other than the settlor.    (1) A spendthrift provision for a beneficiary other than the settlor is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest, even if the beneficiary is the trustee or cotrustee of the trust.     (2) A term of a trust providing that the interest of a beneficiary other than the settlor is held subject to a "spendthrift trust," or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary's interest.     (3) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this part, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary.    Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-503 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts|Section 503 - Exceptions to spendthrift provision.

 Effective 7/1/2021  75-7-503. Exceptions to spendthrift provision.    (1) As used in this section:   (a) "Child" includes any person for whom an order or judgment for child support has been entered in this or another state.     (b) "Civil accounts receivable" means the same as that term is defined in Section 77-32b-102.     (c) "Civil restitution of judgment" means the same as that term is defined in Section 77-32b-102.     (d) "Restitution" means the same as that term is defined in Section 77-38b-102.     (e) "Victim" means the same as that term is defined in Section 77-38b-102.       (2) Even if a trust contains a spendthrift provision, the following persons may obtain an order from a court that attaches present or future distributions to the beneficiary:   (a) a beneficiary's child who has a judgment or court order against the beneficiary for support or maintenance;     (b) a judgment creditor who has provided services for the protection of a beneficiary's interest in the trust;     (c) a victim who has a judgment requiring the beneficiary to pay restitution in accordance with Title 77, Chapter 38b, Crime Victims Restitution Act, or similar provision in another state; or     (d) the Office of State Debt Collection, created in Section 63A-3-502, for collecting payment on a civil accounts receivable or a civil judgment of restitution.       (3) A spendthrift provision is unenforceable against a claim of this state or the United States to the extent a statute of this state or federal law so provides.    Amended by Chapter 260, 2021 General Session
UT Code § 75-7-504 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts|Section 504 - Discretionary trusts -- Effect of standard.

75-7-504. Discretionary trusts -- Effect of standard.    (1) In this section, "child" includes any person for whom an order or judgment for child support has been entered in this or another state.     (2) Except as otherwise provided in Subsection (3), whether or not a trust contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is subject to the trustee's discretion, even if:   (a) the discretion is expressed in the form of a standard of distribution; or     (b) the trustee has abused the discretion.       (3) To the extent a trustee has not complied with a standard of distribution or has abused a discretion:   (a) a distribution may be ordered by the court to satisfy a judgment or court order against the beneficiary for support or maintenance of the beneficiary's child, spouse, or former spouse; and     (b) the court shall direct the trustee to pay to the child, spouse, or former spouse such amount as is equitable under the circumstances but not more than the amount the trustee would have been required to distribute to or for the benefit of the beneficiary had the trustee complied with the standard or not abused the discretion.       (4) This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution.    Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-505 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts|Section 505 - Creditor's claim against settlor.

 Effective 5/9/2017  75-7-505. Creditor's claim against settlor.  Whether or not the terms of a trust contain a spendthrift provision, the following rules apply:  (1) During the lifetime of the settlor, the property of a revocable trust is subject to the claims of the settlor's creditors. If a trust has more than one settlor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution.     (2) With respect to an irrevocable trust other than an irrevocable trust that meets the requirements of Section 25-6-502, a creditor or assignee of the settlor may reach the maximum amount that can be distributed to or for the settlor's benefit. If the trust has more than one settlor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution.     (3) After the death of a settlor, and subject to the settlor's right to direct the source from which liabilities will be paid, the property of a trust that was revocable at the settlor's death, but not property received by the trust as a result of the death of the settlor which is otherwise exempt from the claims of the settlor's creditors, is subject to claims of the settlor's creditors, costs of administration of the settlor's estate, the expenses of the settlor's funeral and disposal of remains, and statutory allowances to a surviving spouse and children to the extent the settlor's probate estate is inadequate to satisfy those claims, costs, expenses, and allowances.    Amended by Chapter 125, 2017 General SessionAmended by Chapter 204, 2017 General Session
UT Code § 75-7-506 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts|Section 506 - Overdue distribution.

75-7-506. Overdue distribution.  Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the required distribution date.  Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-507 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts|Section 507 - Personal obligations of trustee.

75-7-507. Personal obligations of trustee.  Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt.  Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-508 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts|Section 508 - Notice to creditors.

 Effective 5/8/2018  75-7-508. Notice to creditors.    (1)   (a) A trustee for an inter vivos revocable trust, upon the death of the settlor, may publish a notice to creditors:   (i) once a week for three successive weeks in a newspaper of general circulation in the county where the settlor resided at the time of death; and     (ii) in accordance with Section 45-1-101 for three weeks.       (b) The notice required by Subsection (1)(a) shall:   (i) provide the trustee's name and address; and     (ii) notify creditors:   (A) of the deceased settlor; and     (B) to present their claims within three months after the date of the first publication of the notice or be forever barred from presenting the claim.           (2) A trustee shall give written notice by mail or other delivery to any known creditor of the deceased settlor, notifying the creditor to present the creditor's claim within 90 days from the published notice if given as provided in Subsection (1) or within 60 days from the mailing or other delivery of the notice, whichever is later, or be forever barred. Written notice shall be the notice described in Subsection (1) or a similar notice.     (3)   (a) If the deceased settlor received medical assistance, as defined in Section 26-19-102, at any time after the age of 55, the trustee for an inter vivos revocable trust, upon the death of the settlor, shall mail or deliver written notice to the Director of the Office of Recovery Services, on behalf of the Department of Health, to present any claim under Section 26-19-405 within 60 days from the mailing or other delivery of notice, whichever is later, or be forever barred.     (b) If the trustee does not mail notice to the director of the Office of Recovery Services on behalf of the department in accordance with Subsection (3)(a), the department shall have one year from the death of the settlor to present its claim.       (4) The trustee is not liable to any creditor or to any successor of the deceased settlor for giving or failing to give notice under this section.     (5) The notice to creditors shall be valid against any creditor of the trust and also against any creditor of the estate of the deceased settlor.    Amended by Chapter 443, 2018 General Session