reglab/housing_qa huggingface dataset:
UT Code § 75-7-107 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 1 - General Provisions|Section 107 - Governing law.

 Effective 5/9/2017  75-7-107. Governing law.    (1) For purposes of this section:   (a) "Foreign trust" means a trust that is created in another state or country and valid in the state or country in which the trust is created.     (b) "State law provision" means a provision that the laws of a named state govern the validity, construction, and administration of a trust.       (2) If a trust has a state law provision specifying this state, the validity, construction, and administration of the trust are to be governed by the laws of this state if any administration of the trust is done in this state.     (3) For all trusts created on or after December 31, 2003, if a trust does not have a state law provision, the validity, construction, and administration of the trust are to be governed by the laws of this state if the trust is administered in this state.     (4) A trust shall be considered to be administered in this state if:   (a) the trust states that this state is the place of administration, and any administration of the trust is done in this state; or     (b) the place of business where the fiduciary transacts a major portion of its administration of the trust is in this state.       (5) If a foreign trust is administered in this state as provided in this section, the following provisions are effective and enforceable under the laws of this state:   (a) a provision in the trust that restricts the transfer of trust assets in a manner similar to Section 25-6-502;     (b) a provision that allows the trust to be perpetual; or     (c) a provision that is not expressly prohibited by the law of this state.       (6) A foreign trust that moves its administration to this state is valid whether or not the trust complied with the laws of this state at the time of the trust's creation or after the trust's creation.     (7) Unless otherwise designated in the trust instrument, a trust is administered in this state if it meets the requirements of Subsection (4).    Amended by Chapter 204, 2017 General Session
UT Code § 75-7-108 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 1 - General Provisions|Section 108 - Principal place of administration.

75-7-108. Principal place of administration.    (1) Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if:   (a) a trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction; or     (b) all or part of the administration occurs in the designated jurisdiction.       (2) A trustee is under a continuing duty to administer the trust at a place appropriate to its purposes, its administration, and the interests of the beneficiaries.     (3) Without precluding the right of the court to order, approve, or disapprove a transfer, the trustee, in furtherance of the duty prescribed by Subsection (2), may transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States.     (4) The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's principal place of administration not less than 60 days before initiating the transfer. The notice of proposed transfer must include:   (a) the name of the jurisdiction to which the principal place of administration is to be transferred;     (b) the address and telephone number at the new location at which the trustee can be contacted;     (c) an explanation of the reasons for the proposed transfer;     (d) the date on which the proposed transfer is anticipated to occur; and     (e) the date, not less than 60 days after the giving of the notice, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer.       (5) The authority of a trustee under this section to transfer a trust's principal place of administration terminates if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.     (6) In connection with a transfer of the trust's principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to Section 75-7-704.    Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-109 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 1 - General Provisions|Section 109 - Methods and waiver of notice.

75-7-109. Methods and waiver of notice.    (1) Notice to a person under this chapter or the sending of a document to a person under this chapter must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person's last known place of residence or place of business, or a properly directed electronic message.     (2) Notice under this chapter or the sending of a document under this chapter may be waived by the person to be notified or sent the document.     (3) Notice of a judicial proceeding must be given as provided in the applicable rules of civil procedure.    Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-110 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 1 - General Provisions|Section 110 - Nonjudicial settlement agreements.

75-7-110. Nonjudicial settlement agreements.    (1) For purposes of this section, "interested persons" means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.     (2) Except as otherwise provided in Subsection (3), interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.     (3) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law.     (4) Matters that may be resolved by a nonjudicial settlement agreement include:   (a) the interpretation or construction of the terms of the trust;     (b) the approval of a trustee's report or accounting;     (c) direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;     (d) the resignation or appointment of a trustee and the determination of a trustee's compensation;     (e) transfer of a trust's principal place of administration; and     (f) liability of a trustee for an action relating to the trust.       (5) Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in Part 3, Representation, was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.    Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-111 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 1 - General Provisions|Section 111 - Rules of construction.

75-7-111. Rules of construction.  The rules of construction that apply to the interpretation of and disposition of property by will or other governing instrument, as defined in Section 75-1-201, also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property.  Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-112 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 1 - General Provisions|Section 112 - Penalty provisions.

75-7-112. Penalty provisions.  A provision in a trust instrument purporting to penalize a beneficiary by charging the beneficiary's interest in the trust, or to penalize the beneficiary in another manner, for instituting a proceeding to challenge the acts of the trustee or other fiduciary of a trust, or for instituting other proceedings relating to the trust is unenforceable if probable cause exists for instituting the proceedings.  Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-201 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 2 - Jurisdiction of Court Concerning Trusts|Section 201 - Court -- Exclusive jurisdiction of trusts.

75-7-201. Court -- Exclusive jurisdiction of trusts.    (1)   (a) The court has exclusive jurisdiction of proceedings initiated by interested parties concerning the internal affairs of trusts.     (b) Proceedings which may be maintained under this section are those concerning:   (i) the administration and distribution of trusts;     (ii) the declaration of rights; and     (iii) the determination of other matters involving trustees and beneficiaries of trusts.        (c) These include, but are not limited to proceedings to:   (i) appoint or remove a trustee;     (ii) review a trustee's fees;     (iii) review and settle interim or final accounts;     (iv) ascertain beneficiaries;     (v) determine any question arising in the administration or distribution of any trust, including questions of construction of trust instruments;     (vi) instruct trustees;     (vii) determine the existence or nonexistence of any immunity, power, privilege, duty, or right; and     (viii) order transfer of administration of the trust to another state upon appropriate conditions as may be determined by the court or accept transfer of administration of a trust from another state to this state upon such conditions as may be imposed by the supervising court of the other state, unless the court in this state determines that these conditions are incompatible with its own rules and procedures.         (2)   (a) A proceeding under this section does not result in continuing supervision by the court over the administration of the trust.     (b) The management and distribution of a trust estate, submission of accounts and reports to beneficiaries, payment of trustee's fees and other obligations of a trust, acceptance and change of trusteeship, and other aspects of the administration of a trust shall proceed expeditiously consistent with the terms of the trust, free of judicial intervention and without order, approval or other action of any court, subject to the jurisdiction of the court as invoked by interested parties or as otherwise exercised as provided by law.      Amended by Chapter 3, 2003 Special Session 2Amended by Chapter 3, 2003 Special Session 2
UT Code § 75-7-202 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 2 - Jurisdiction of Court Concerning Trusts|Section 202 - Effect of administration in this state -- Consent to jurisdiction.

75-7-202. Effect of administration in this state -- Consent to jurisdiction.    (1) The trustee submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust if the trustee acts as trustee of a trust administered in this state.     (2) To the extent of the beneficial interests in a trust administered in this state, the beneficiaries of the trust are subject to the jurisdiction of the courts of this state regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.     (3) By accepting the delegation of a trust function from the trustee of a trust administered in this state, the agent submits to the jurisdiction of the courts of this state regarding any matter involving the trust.     (4) Unless otherwise designated in the trust instrument, a trust is administered in this state if it meets the requirements of Subsection 75-7-107(4).    Amended by Chapter 89, 2004 General Session
UT Code § 75-7-203 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 2 - Jurisdiction of Court Concerning Trusts|Section 203 - Subject matter jurisdiction.

75-7-203. Subject matter jurisdiction.    (1) The district court has exclusive jurisdiction of proceedings in this state brought by a trustee or beneficiary concerning the administration of a trust.     (2) The district court has concurrent jurisdiction with other courts of this state of other proceedings involving a trust.     (3) This section does not preclude judicial or nonjudicial alternative dispute resolution.    Repealed and Re-enacted by Chapter 89, 2004 General Session
UT Code § 75-7-204 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 2 - Jurisdiction of Court Concerning Trusts|Section 204 - Trust proceedings -- Dismissal of matters relating to foreign trusts.

75-7-204. Trust proceedings -- Dismissal of matters relating to foreign trusts.    (1) The court may not, over the objection of a party, entertain proceedings under Section 75-7-201 involving a trust which:   (a) is under the continuing supervision of a foreign court;     (b) is registered in another state; or     (c) has a fiduciary which transacts a major portion of its trust administration in another state.       (2) Notwithstanding Subsection (1), the court may entertain a proceeding regarding any matter involving a trust if:   (a) all appropriate parties could not be bound by litigation in the courts of the other state; or     (b) the interests of justice would be seriously impaired.       (3) The court may condition a stay or dismissal of a proceeding on the consent of any party to the jurisdiction of the courts of another state, or the court may grant a continuance or enter any other appropriate order.    Amended by Chapter 3, 2003 Special Session 2Amended by Chapter 3, 2003 Special Session 2
UT Code § 75-7-205 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 2 - Jurisdiction of Court Concerning Trusts|Section 205 - Venue.

75-7-205. Venue.    (1) Except as otherwise provided in Subsection (2), venue for a judicial proceeding involving a trust is in the county in which the trust's principal place of administration is or will be located and, if the trust is created by will and the estate is not yet closed, in the county in which the decedent's estate is being administered.     (2) If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in any county of this state in which a beneficiary resides, in any county in which any trust property is located, and if the trust is created by will, in the county in which the decedent's estate was or is being administered.    Repealed and Re-enacted by Chapter 89, 2004 General Session
UT Code § 75-7-301 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 3 - Representation|Section 301 - Basic effect.

 Effective 5/9/2017  75-7-301. Basic effect.    (1) Notice to a person who may represent and bind another person under this part has the same effect as if notice were given directly to the other person.     (2) The consent of a person who may represent and bind another person under this part is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.     (3) Except as otherwise provided in Sections 75-7-411 and 25-6-502, a person who under this part may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.    Amended by Chapter 204, 2017 General Session
UT Code § 75-7-302 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 3 - Representation|Section 302 - Representation by holder of general testamentary power of appointment.

75-7-302. Representation by holder of general testamentary power of appointment.  To the extent there is no conflict of interest between the holder of a general testamentary power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power.  Repealed and Re-enacted by Chapter 89, 2004 General Session
UT Code § 75-7-303 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 3 - Representation|Section 303 - Representation by fiduciaries and parents.

75-7-303. Representation by fiduciaries and parents.  To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:  (1) a conservator may represent and bind the protected person whose estate the conservator controls;     (2) a guardian may represent and bind the ward if a conservator of the ward's estate has not been appointed;     (3) an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;     (4) a trustee may represent and bind the beneficiaries of the trust;     (5) a personal representative of a decedent's estate may represent and bind persons interested in the estate; and     (6) a parent may represent and bind the parent's minor or unborn child if a conservator or guardian for the child has not been appointed.    Repealed and Re-enacted by Chapter 89, 2004 General Session
UT Code § 75-7-304 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 3 - Representation|Section 304 - Representation by person having substantially identical interest.

75-7-304. Representation by person having substantially identical interest.  Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented.  Repealed and Re-enacted by Chapter 89, 2004 General Session
UT Code § 75-7-305 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 3 - Representation|Section 305 - Appointment of guardian ad litem or other representative.

75-7-305. Appointment of guardian ad litem or other representative.    (1) If the court determines that an interest is not represented under this part, or that the otherwise available representation might be inadequate, the court may appoint a guardian ad litem or other representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated or protected person, or unborn individual, or a person whose identity or location is unknown. A guardian ad litem or other representative may be appointed to represent several persons or interests.     (2) A guardian ad litem or other representative may act on behalf of the individual represented with respect to any matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending.     (3) In making decisions, a guardian ad litem or other representative may consider general benefit accruing to the living members of the individual's family.    Repealed and Re-enacted by Chapter 89, 2004 General Session
UT Code § 75-7-401 (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 401 - Methods of creating trust.

75-7-401. Methods of creating trust.    (1) A trust may be created by:   (a) transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death;     (b) declaration by the owner of property that the owner holds identifiable property as trustee; or     (c) exercise of a power of appointment in favor of a trustee.       (2) A health savings account is established on the first day an individual is covered by a high deductible health plan, as defined in Section 223 of the Internal Revenue Code. The health savings account shall be opened with a trustee or custodian within the time prescribed by law, without extensions, for filing a federal income tax return for that year. A health savings account is established regardless of a transfer of cash or other property to the account and, unless required by the trustee or custodian, it is not necessary for any party to sign a health savings account trust or custodial agreement regarding the health savings account.    Amended by Chapter 278, 2009 General Session
UT Code § 75-7-402 (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 402 - Requirements for creation.

75-7-402. Requirements for creation.    (1) A trust is created only if:   (a) the settlor has capacity to create a trust, which standard of capacity shall be the same as for a person to create a will;     (b) the settlor indicates an intention to create the trust or a statute, judgment, or decree authorizes the creation of a trust;     (c) the trust has a definite beneficiary or is:   (i) a charitable trust;     (ii) a trust for the care of an animal, as provided in Section 75-2-1001; or     (iii) a trust for a noncharitable purpose, as provided in Section 75-2-1001;       (d) the trustee has duties to perform; and     (e) the same person is not the sole trustee and sole beneficiary.       (2) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.     (3) A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.    Repealed and Re-enacted by Chapter 89, 2004 General Session
UT Code § 75-7-403 (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 403 - Trusts created in other jurisdictions.

75-7-403. Trusts created in other jurisdictions.  A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed, or the law of the jurisdiction in which, at the time of creation:  (1) the settlor was domiciled, had a place of abode, or was a national;     (2) a trustee was domiciled or had a place of business; or     (3) any trust property was located.    Repealed and Re-enacted by Chapter 89, 2004 General Session
UT Code § 75-7-404 (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 404 - Trust purposes.

75-7-404. Trust purposes.  A trust may be created only to the extent its purposes are lawful, not contrary to public policy, and possible to achieve. A trust and its terms must be for the benefit of its beneficiaries.  Repealed and Re-enacted by Chapter 89, 2004 General Session