reglab/statecodes huggingface dataset:
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 1 - General Provisions › Section 104 - Knowledge.

75-7-104.
Knowledge.
(1) Subject to Subsection (2), a person has knowledge of a fact if the person:
(a) has actual knowledge of it;
(b) has received a notice or notification of it; or
(c) from all the facts and circumstances known to the person at the time in question, has reason to know it.
(2) An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 1 - General Provisions › Section 105 - Default and mandatory rules.

Effective 5/14/2019
75-7-105.
Default and mandatory rules.
(1) 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.
(2) Except as specifically provided in this chapter, the terms of a trust prevail over any provision of this chapter except:
(a) the requirements for creating a trust;
(b) subject to Sections 75-12-109, 75-12-111, and 75-12-112, the duty of a trustee to act in good faith and in accordance with the purposes of the trust;
(c) the requirement that a trust and the terms of the trust be for the benefit of the trust's beneficiaries;
(d) the power of the court to modify or terminate a trust under Sections 75-7-410 through 75-7-416;
(e) the effect of a spendthrift provision, Section 25-6-502, and the rights of certain creditors and assignees to reach a trust as provided in Part 5, Creditor's Claims - Spendthrift and Discretionary Trusts;
(f) the power of the court under Section 75-7-702 to require, dispense with, or modify or terminate a bond;
(g) the effect of an exculpatory term under Section 75-7-1008;
(h) the rights under Sections 75-7-1010 through 75-7-1013 of a person other than a trustee or beneficiary;
(i) periods of limitation for commencing a judicial proceeding; and
(j) the subject-matter jurisdiction of the court and venue for commencing a proceeding as provided in Sections 75-7-203 and 75-7-205.
Amended by Chapter 153, 2019 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 1 - General Provisions › Section 106 - Common law of trusts -- Principles of equity.

75-7-106.
Common law of trusts -- Principles of equity.
The common law of trusts and principles of equity supplement this chapter, except to the extent modified by this chapter or laws of this state.
Enacted by Chapter 89, 2004 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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 2
Amended by Chapter 3, 2003 Special Session 2
2023 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
2023 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
2023 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 2
Amended by Chapter 3, 2003 Special Session 2
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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 5/3/2023
75-7-505.
Creditor's claim against settlor.
Regardless of whether 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 revocable 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)
(a) 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.
(b) With respect to an irrevocable trust that has more than one settlor, other than an irrevocable trust that meets the requirements of Section 25-6-502, the amount a 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.
(c) Notwithstanding Subsections (2)(a) and (b), a creditor of a settlor may not satisfy the creditor's claim from an irrevocable trust solely because the trustee may make a discretionary distribution reimbursing the settlor for income tax liability of the settlor attributable to the income of the irrevocable trust, when the distribution is:
(i) subject to the discretion of a trustee who is not the settlor;
(ii) subject to the consent of an advisor who is not the settlor; or
(iii) at the direction of an advisor who is not the settlor.
(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 421, 2023 General Session
2023 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
2023 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