reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 1 - General Provisions and Definitions › Section 4-10-107 - Governing Law.

4-10-107. Governing law.
(a) The meaning and effect of the terms of a trust are determined by:
(i) The law of the jurisdiction designated in the terms of the trust; or
(ii) In the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue. In determining the most significant relationship, the principal place of administration as defined in W.S. 4-10-108 shall be the most heavily weighted factor and the location of trust property shall be the second most significant factor. The least significant factors shall be where the beneficiaries or settlor are domiciled.
(b) The law of the jurisdiction designated in the terms of the trust may be changed to the principal place of administration by a court with subject matter jurisdiction.
(c) If the law of this state governs the meaning and effect of the terms of a trust in accordance with paragraph (a)(i) or subsection (b) of this section, the trust and any transfer of property by a settlor to the trust, or any disposition made subject to the terms of the trust, shall not be void, voidable, set aside or deemed defective in any manner for any reason including:
(i) That the law of a foreign jurisdiction prohibits or does not recognize the trust;
(ii) That the trust, transfer of property by a settlor to the trust, or disposition made subject to the terms of the trust avoids or defeats any forced heirship or legitime right, claim or interest under the law of a foreign jurisdiction; or
(iii) That the law or public policy of a foreign jurisdiction does not recognize or limits the validity or enforceability of any or all of the terms of the trust if the terms are valid and enforceable under the laws and public policy of this state.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 1 - General Provisions and Definitions › Section 4-10-109 - Methods and Waiver of Notice.

4-10-109. Methods and waiver of notice.
(a) Notice to a person under this act or the sending of a document to a person under this act shall be accomplished in a manner reasonably suitable under the circumstances and that results 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.
(b) Notice otherwise required under this act or a document otherwise required to be sent under this act need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.
(c) Notice under this act or the sending of a document under this act may be waived in writing by the person to be notified or sent the document.
(d) Notice of a judicial proceeding shall be given as provided in the Wyoming Rules of Civil Procedure.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 1 - General Provisions and Definitions › Section 4-10-110 - Others Treated as Qualified Beneficiaries.

4-10-110. Others treated as qualified beneficiaries.
(a) Whenever notice to qualified beneficiaries of a trust is required under this act before the death of the settlor, the trustee may give notice to any beneficiary from whom the trustee has received a written request for notice if the trustee has the written consent of the settlor.
(b) Whenever notice to qualified beneficiaries of a trust is required under this act after the death of the settlor, the trustee shall give notice to any beneficiary from whom the trustee has received a written request for notice unless the terms of the trust specify otherwise.
(c) A charitable organization expressly mandated to receive distributions under the terms of a charitable trust or a person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in W.S. 4-10-409 or 4-10-410 has the rights of a qualified beneficiary under this act.
(d) The attorney general of this state may exercise the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in this state by notifying the trustee by written notice.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 1 - General Provisions and Definitions › Section 4-10-111 - Nonjudicial Settlement Agreements.

4-10-111. Nonjudicial settlement agreements.
(a) For purposes of this section, "interested persons" means a qualified beneficiary, the settlor, if living, the trustee and trust protector, if any.
(b) Except as otherwise provided in subsection (c) of this section, interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.
(c) Subject to the rights of persons dealing with a fiduciary as provided in W.S. 4-10-1013, 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 act or other applicable law.
(d) Matters that may be resolved by a nonjudicial settlement agreement include:
(i) The interpretation or construction of the terms of the trust;
(ii) The approval of a trustee's report or accounting;
(iii) Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;
(iv) The resignation or appointment of a trustee and the determination of a trustee's compensation;
(v) Transfer of a trust's principal place of administration;
(vi) Liability of a trustee for an action relating to the trust; and
(vii) An election to treat the trust as a qualified spendthrift trust under article 5 of this act and modification of the trust to comply with W.S. 4-10-510.
(e) Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in article 3 of this act was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 1 - General Provisions and Definitions › Section 4-10-112 - Insurable Interest of Trustee.

4-10-112. Insurable interest of trustee.
(a) A trustee of a trust has an insurable interest in the life of an individual insured under a life insurance policy that is owned by the trustee of the trust acting in a fiduciary capacity or that designates the trust itself as the owner if, on the date the policy is issued:
(i) The insured is:
(A) A settlor of the trust; or
(B) An individual in whom a settlor of the trust has, or would have had, if living at the time the policy was issued, an insurable interest; and
(ii) The life insurance proceeds are primarily for the benefit of one (1) or more trust beneficiaries that have:
(A) An insurable interest in the life of the insured; or
(B) A substantial interest engendered by love and affection in the continuation of the life of the insured and, if not already included under subparagraph (A) of this paragraph, who are:
(I) Kindred of the insured having a possibility of being distributees of the insured's estate if the insured dies intestate pursuant to W.S. 2-4-101; or
(II) Stepchildren of the insured.
(b) This section applies to any trust existing before, on or after July 1, 2013, regardless of the effective date of the governing instrument under which the trust was created, but only as to a life insurance policy that is in force and for which an insured is alive on or after July 1, 2013.
(c) As used in this section, "settlor" means a person who executes a trust instrument. The term includes a person for which a fiduciary or agent is acting.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 2 - Judicial Proceedings › Section 4-10-201 - Role of Court in Administration of Trust.

4-10-201. Role of court in administration of trust.
(a) The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.
(b) A trust is not subject to continuing judicial supervision unless ordered by the court.
(c) A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions, an action to declare rights, to appoint a trust protector or to determine the qualification of a trust as a qualified spendthrift trust under article 5 of this act.
(d) For purposes of this section, "interested persons" means a qualified beneficiary, the settlor, if living, the trustee and trust protector, if any.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 2 - Judicial Proceedings › Section 4-10-202 - Jurisdiction Over Fiduciary and Beneficiary.

4-10-202. Jurisdiction over fiduciary and beneficiary.
(a) By becoming a fiduciary of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, all trust fiduciaries submit personally to the jurisdiction of the courts of this state regarding any matter involving the trust.
(b) With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this state 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.
(c) This section does not preclude other methods of obtaining jurisdiction over a fiduciary or a beneficiary or other person receiving property from the trust.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 2 - Judicial Proceedings › Section 4-10-203 - Subject Matter Jurisdiction.

4-10-203. Subject matter jurisdiction.
(a) The district court and the chancery court, to the extent not inconsistent with W.S. 5-13-115, have exclusive jurisdiction of proceedings in this state brought by a trustee, trust protector, trust advisor or beneficiary concerning the administration of a trust.
(b) The district court and the chancery court, to the extent not inconsistent with W.S. 5-13-115, have concurrent jurisdiction with other courts of this state in other proceedings involving a trust.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 2 - Judicial Proceedings › Section 4-10-204 - Venue.

4-10-204. Venue.
(a) Except as otherwise provided in subsections (b) and (c) of this section, venue for a judicial proceeding involving a trust is in the county of this state 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.
(b) If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in a county of this state in which a beneficiary resides, in a 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.
(c) If the governing law of a trust designates this state, the venue for judicial proceeding involving a trust is in a county of this state in which a beneficiary resides, in a county in which any trust property is located or in a county where the trustee maintains an office.
(d) If venue is not established under subsection (c) of this section, venue shall be proper in the first judicial district court in Laramie county.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 2 - Judicial Proceedings › Section 4-10-205 - Sealing and Availability of Documents.

4-10-205. Sealing and availability of documents.
The privacy of those who have established a trust shall be protected in any judicial proceeding concerning the trust. Upon the filing of any petition, the trust instrument, inventory, statement filed by any fiduciary, annual verified report of a fiduciary, final report of a fiduciary and any petition relevant to trust administration and any court order thereon shall be sealed and shall not be made a part of the public record of the proceeding, but shall be available to the court, the settlor, any fiduciary, any qualified beneficiary, their attorneys, and any other interested person as the court may order upon a showing of need.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 3 - Representation › Section 4-10-301 - Representation; Basic Effect.

4-10-301. Representation; basic effect.
(a) Notice to a person who may represent and bind another person under this article has the same effect as if notice were given directly to the other person.
(b) The consent of a person who may represent and bind another person under this article is binding on the person represented unless the person represented objects to the representation by notifying the trustee or the representative before the consent would otherwise have become effective.
(c) Except as otherwise provided in W.S. 4-10-412 and 4-10-602, a person who under this article may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.
(d) A settlor may not represent and bind a beneficiary under this article with respect to the termination or modification of a trust under W.S. 4-10-412(a).
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 3 - Representation › Section 4-10-302 - Representation by Holder of a Power of Appointment.

4-10-302. Representation by holder of a power of appointment.
The holder of a power of appointment may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 3 - Representation › Section 4-10-303 - Representation by Fiduciaries and Parents.

4-10-303. Representation by fiduciaries and parents.
(a) 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:
(i) A conservator may represent and bind the estate that the conservator controls;
(ii) A guardian may represent and bind the ward if a conservator of the ward's estate has not been appointed;
(iii) An agent having authority to act with respect to the particular question or dispute may represent and bind the principal;
(iv) A trustee may represent and bind the beneficiaries of the trust;
(v) A personal representative of a decedent's estate may represent and bind persons interested in the estate;
(vi) A parent with primary legal custody may represent and bind each of the parent's minor or incapacitated children if no legal representative has been appointed by a court for that child, unborn children of that parent, the unborn descendants of each child, and each minor or incapacitated descendant of each child if no legal representative has been appointed by a court for that descendant, to the extent there is no conflict of interest between the parent and the person or class of persons represented with respect to a particular question or dispute; and
(vii) A beneficiary who is not a qualified beneficiary shall be represented and bound by the decisions, actions and omissions of the qualified beneficiary through whom, or by reason of whose death or exercise of a power of appointment, the beneficiary will receive his interest, if any, in the trust, including without limitations for the purposes of W.S. 4-10-802, 4-10-813, 4-10-1005 and 4-10-1009.
(b) A trustee may rely on a certificate of the fiduciary described in paragraphs (a)(i) through (v) of this section with regard to whether or not any such conflict of interest exists.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 3 - Representation › Section 4-10-304 - Representation by Person Having Substantially Identical Interest.

4-10-304. 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.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 3 - Representation › Section 4-10-305 - Appointment of Representative.

4-10-305. Appointment of representative.
(a) If the court determines that an interest is not represented under this article, or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent and otherwise represent, bind and act on behalf of a minor, incapacitated or unborn individual, or a person whose identity or location is unknown. A representative may be appointed to represent several persons or interests.
(b) A representative may act on behalf of the individual represented with respect to any matter arising under this act, whether or not a judicial proceeding concerning the trust is pending.
(c) In making decisions, a representative may consider general benefit accruing to the living members of the individual's family.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 4 - Creation, Validity, Modification and Termination of Trust › Section 4-10-401 - Methods of Creating Trust.

4-10-401. Methods of creating trust.
(a) A trust may be created by:
(i) 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;
(ii) Declaration by the owner of property that the owner holds identifiable property as trustee;
(iii) Exercise of a power of appointment in favor of a trustee;
(iv) The court as provided in W.S. 3-3-607(a)(vi); or
(v) An agent under a power of attorney where the express authority is designated with the appointment document and where the trust directs distribution upon the settlor's death consistent with an existing will or other testamentary instrument or in absence thereof in accordance with the law of intestate succession as provided in W.S. 2-4-101.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 4 - Creation, Validity, Modification and Termination of Trust › Section 4-10-402 - Title of Trust Property.

4-10-402. Title of trust property.
(a) Property transferred to a trust shall be titled:
(i) If it is real property, in accordance with W.S. 34-2-122; and
(ii) If it is personal property, in:
(A) The name of the current trustee as the trustee of such trust;
(B) The name of "the trustee" as the trustee of such trust;
(C) The name of the nominee of the trustee; or
(D) The name of the trust.
(b) Any reference to the trustee shall be deemed to include any successor or substitute trustee serving from time to time.
(c) Any property of a husband and wife that is held by them as tenants by the entireties pursuant to W.S. 34-1-140 and conveyed to their joint revocable or irrevocable trusts, or to their separate revocable or irrevocable trusts, shall have the same immunity from the claims of their separate creditors as it would if it had remained held by the entireties, so long as:
(i) They are both living and remain as husband and wife;
(ii) The property continues to be held in the trust or trusts for their benefit; and
(iii) The trust instrument, deed or other instrument of conveyance transferring the property to the trust or trusts provides that this subsection shall apply to the property and any proceeds resulting from the sale or disposition thereof.
(d) After the death of the first of the husband and wife to die, all property held in trust that was immune from the claims of the decedent's separate creditors under subsection (c) of this section immediately prior to the decedent's death shall continue to have the same immunity from the claims of the decedent's separate creditors as would have existed if the husband and wife had continued to hold the property conveyed in trust, or its proceeds, as tenants by the entirety.
(e) Nothing in this section shall be construed to limit or otherwise alter the authority granted to the department of health to assert a claim against an estate under W.S. 42-4-206 or to file a lien under W.S. 42-4-207 as could be asserted against a tenancy by the entirety established in accordance with W.S. 34-1-140.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 4 - Creation, Validity, Modification and Termination of Trust › Section 4-10-403 - Requirements for Creation.

4-10-403. Requirements for creation.
(a) A trust is created only if:
(i) The settlor has capacity to create a trust;
(ii) The settlor indicates an intention to create the trust;
(iii) The trust has a definite beneficiary or is:
(A) A charitable trust;
(B) A trust for the care of an animal, as provided in W.S. 4-10-409; or
(C) A trust for a noncharitable purpose, as provided in W.S. 4-10-410.
(iv) The trustee has duties to perform; and
(v) The same person is not the sole trustee and sole beneficiary.
(b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to W.S. 34-1-139.
(c) A power in a trustee, trust advisor, trust protector or other party designated in the trust instrument 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.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 4 - Creation, Validity, Modification and Termination of Trust › Section 4-10-404 - Trusts Created in Other Jurisdictions.

4-10-404. Trusts created in other jurisdictions.
(a) 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:
(i) The settlor was domiciled, had a place of abode, or was a national;
(ii) A trustee was domiciled or had a place of business; or
(iii) Any trust property was located.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 4 - Creation, Validity, Modification and Termination of Trust › Section 4-10-405 - Trust Purposes.

4-10-405. 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 shall be for the benefit of its beneficiaries.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 4 - Creation, Validity, Modification and Termination of Trust › Section 4-10-406 - Charitable Purposes; Enforcement.

4-10-406. Charitable purposes; enforcement.
(a) 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.
(b) If the terms of a charitable trust do not indicate or otherwise provide for selection of a particular charitable purpose or beneficiary or if the designated charitable purpose cannot be completed or no longer exists, the court may select one (1) or more charitable purposes or beneficiaries. The selection shall be consistent with the settlor's intention to the extent it can be ascertained.
(c) The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 4 - Creation, Validity, Modification and Termination of Trust › Section 4-10-407 - Creation of Trust Induced by Fraud, Duress or Undue Influence.

4-10-407. Creation of trust induced by fraud, duress or undue influence.
Subject to the rights of persons dealing with a fiduciary as provided in W.S. 4-10-1013, a trust is void to the extent its creation was induced by fraud, duress or undue influence.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 4 - Creation, Validity, Modification and Termination of Trust › Section 4-10-408 - Evidence of Oral Trust.

4-10-408. Evidence of oral trust.
Except as required by a statute other than this act, 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.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 4 - Creation, Validity, Modification and Termination of Trust › Section 4-10-409 - Trust for Care of Animal.

4-10-409. Trust for care of animal.
(a) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one (1) animal alive during the settlor's lifetime, upon the death of the last surviving animal.
(b) A trust authorized by this section may be enforced by a person appointed in the terms of the trust, trust advisor, trust protector or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.
(c) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use shall be distributed to the settlor, if then living, otherwise to the settlor's successors in interest.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 4 - Creation, Validity, Modification and Termination of Trust › Section 4-10-410 - Noncharitable Trust Without Ascertainable Beneficiary.

4-10-410. Noncharitable trust without ascertainable beneficiary.
(a) Except as otherwise provided in W.S. 4-10-409 or by another statute, the following rules apply:
(i) 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;
(ii) A trust authorized by this section may be enforced by a trust advisor, trust protector, person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court;
(iii) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use shall be distributed to the settlor, if then living, otherwise to the settlor's successors in interest;
(iv) No common law rule limiting the duration of noncharitable purpose trusts is in force in this state.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 4 - Creation, Validity, Modification and Termination of Trust › Section 4-10-411 - Modification or Termination of Trust; Proceedings for Approval or Disapproval.

4-10-411. Modification or termination of trust; proceedings for approval or disapproval.
(a) In addition to the methods of termination prescribed by W.S. 4-10-412 through 4-10-415, a trust terminates to the extent the trust is revoked or expires pursuant to its terms, no material 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.
(b) A proceeding to approve or disapprove a proposed modification or termination under W.S. 4-10-412 through 4-10-417, or trust combination or division under W.S. 4-10-418, may be commenced by the settlor, a trustee or beneficiary. The settlor of a charitable trust may maintain a proceeding to modify the trust under W.S. 4-10-414.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 4 - Creation, Validity, Modification and Termination of Trust › Section 4-10-412 - Modification or Termination of Noncharitable Irrevocable Trust by Consent.

4-10-412. Modification or termination of noncharitable irrevocable trust by consent.
(a) If upon petition the court finds that the settlor and all qualified beneficiaries consent to the modification or termination of a noncharitable irrevocable trust, the court may enter an order approving the modification or termination, even if the modification or termination is inconsistent with a material purpose of the trust. A settlor's power to consent to a modification or termination of a trust 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 or, if no agent is so authorized, then by the settlor's conservator or guardian. Exercise of the settlor's power to consent by an agent, conservator or guardian shall be in each case with the approval of the court upon a finding by the court that such action is not inconsistent with the settlor's purpose or intent.
(b) A noncharitable irrevocable trust may be modified or terminated by a trust protector provided that the terms of the trust authorize a protector and grant the trust protector the power to modify or terminate the trust.
(c) If the settlor is deceased, a noncharitable irrevocable trust may be terminated upon consent of the trustee and all of the qualified 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 the trustee and all of the qualified beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust.
(d) A spendthrift provision in the terms of the trust is not presumed to constitute a material purpose of the trust for purposes of this section.
(e) Upon termination of a trust under subsection (a), (b) or (c) of this section, the trustee shall distribute the trust property as provided in the terms of the trust or in default of such terms of the trust as agreed by all the beneficiaries.
(f) If not all of the qualified beneficiaries consent to a proposed modification or termination of the trust under subsection (a), (b) or (c) of this section, the modification or termination may be approved by the court if the court is satisfied that:
(i) If all of the qualified beneficiaries had consented, the trust could have been modified or terminated under this section; and
(ii) The interests of a qualified beneficiary who does not consent will be adequately protected.
(g) A trustee consenting in good faith to the modification or termination of a trust under subsection (c) of this section shall be protected from liability for providing the consent.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 4 - Creation, Validity, Modification and Termination of Trust › Section 4-10-413 - Modification or Termination Because of Unanticipated Circumstances or Inability to Administer Trust Effectively.

4-10-413. Modification or termination because of unanticipated circumstances or inability to administer trust effectively.
(a) 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 shall be made in accordance with the settlor's probable intention.
(b) 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.
(c) 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.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 4 - Creation, Validity, Modification and Termination of Trust › Section 4-10-414 - Cy Pres.

4-10-414. Cy pres.
(a) Except as otherwise provided in the terms of the trust, if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve or wasteful:
(i) The trust does not fail, in whole or in part;
(ii) The trust property does not revert to the settlor or the settlor's successors in interest; and
(iii) 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.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 4 - Creation, Validity, Modification and Termination of Trust › Section 4-10-415 - Modification or Termination of Uneconomic Trust.

4-10-415. Modification or termination of uneconomic trust.
(a) If the fair market value of a trust is less than one hundred fifty thousand dollars ($150,000.00), the trustee may terminate the trust by the following procedure:
(i) The trustee shall determine a plan of distribution that agrees, as nearly as possible, with the purposes of the trust;
(ii) The trustee shall give written notice to all qualified beneficiaries of his intent to distribute the assets in accordance with the plan unless a qualified beneficiary objects in writing within thirty (30) days after receipt of the notice;
(iii) If no objection is received within thirty (30) days after receipt of the notice, the trustee shall proceed to distribute the trust assets in accordance with the plan;
(iv) If the trustee receives a written objection to the plan within thirty (30) days after receipt of the notice, the trustee shall not distribute the assets of the trust, but may then petition the court for an order authorizing distribution in accordance with the plan. The court shall have plenary authority to approve, modify or reject the trustee's petition.
(b) The existence of a spendthrift or similar provision shall not affect the trustee's powers under this section unless the trust instrument specifically provides that the trustee shall not have the power to terminate the trust.
(c) This section does not apply to an easement for conservation or preservation.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 4 - Creation, Validity, Modification and Termination of Trust › Section 4-10-416 - Reformation to Correct Mistakes.

4-10-416. 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.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 4 - Creation, Validity, Modification and Termination of Trust › Section 4-10-417 - Modification to Achieve Settlor's Tax Objectives.

4-10-417. Modification to achieve settlor's tax objectives.
To achieve the settlor's tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the settlor's probable intention as proved by a preponderance of the evidence. The court may provide that the modification has retroactive effect.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 4 - Creation, Validity, Modification and Termination of Trust › Section 4-10-418 - Combination and Division of Trusts.

4-10-418. Combination and division of trusts.
After notice to the qualified beneficiaries, a trustee may combine two (2) or more trusts into a single trust or divide a trust into two (2) or more separate trusts, if the result does not impair the rights of any beneficiary or adversely affect achievement of the purposes of the trust.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 5 - Creditor's Claims; Spendthrift and Discretionary Trusts › Section 4-10-501 - Rights of Beneficiary's Creditor or Assignee.

4-10-501. Rights of beneficiary's creditor or assignee.
To the extent a beneficiary's interest in trust income or principal, or both, is not subject to a spendthrift provision or the exercise of the trustee's discretion, the court may authorize an assignee or a judgment creditor of the beneficiary to attach distributions of trust income or principal, or both, when the distributions are received by the beneficiary or by a third party for the benefit of the beneficiary.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 5 - Creditor's Claims; Spendthrift and Discretionary Trusts › Section 4-10-502 - Spendthrift Provision.

4-10-502. Spendthrift provision.
(a) Repealed By Laws 2007, Ch. 155, 5.
(b) A term of a trust providing that the interest of a beneficiary is held subject to a "spendthrift trust," or words of similar import, is sufficient to restrain both voluntary and involuntary transfers of the beneficiary's interest.
(c) Other than by valid disclaimer under W.S. 2-1-401, a beneficiary may not transfer an interest in a trust in violation of a spendthrift provision and, a creditor or assignee of the beneficiary may not reach the interest or attach a distribution by the trustee unless and until it is received by the beneficiary.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 5 - Creditor's Claims; Spendthrift and Discretionary Trusts › Section 4-10-503 - Exceptions to Spendthrift Provision.

4-10-503. Exceptions to spendthrift provision.
(a) As used in this section, "child" includes any person for whom an order or judgment for child support has been entered in this or another state.
(b) Even if a trust contains a spendthrift provision, a person who has a judgment or court order against the beneficiary for child support or maintenance may obtain from a court an order attaching present or future distributions to, or for the benefit of, the beneficiary.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 5 - Creditor's Claims; Spendthrift and Discretionary Trusts › Section 4-10-504 - Discretionary Trusts; Effect of Standard.

4-10-504. Discretionary trusts; effect of standard.
(a) Repealed By Laws 2007, Ch. 155, 5.
(b) When the terms of the trust provide that the trustee may only make discretionary distributions to a beneficiary, whether or not the trust contains a spendthrift provision, a creditor or assignee of the trust beneficiary, including a creditor bringing a claim for forced heirship or legitime, may not compel the trustee to distribute any income or principal, or both, from the trust or reach or attach the interest of the beneficiary unless and until a trust distribution is received by the beneficiary, even if:
(i) The trustee has discretion to make distributions for purposes stated in a standard of distribution;
(ii) The trustee has abused the discretion; or
(iii) The trustee makes distributions directly to third parties for the benefit of the beneficiary in accordance with the terms of the trust.
(c) Repealed By Laws 2007, Ch. 155, 5.
(d) This section shall not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion. However, a creditor or assignee of a beneficiary may not maintain, or compel the beneficiary to maintain, a proceeding on behalf of the beneficiary or the creditor or assignee.
(e) Repealed By Laws 2007, Ch. 155, 5.
(f) A discretionary trust created for the benefit of a disabled person under W.S. 42-2-403(f)(i) and (ii) and 42 U.S.C. 1396p(d)(4)(A) and (C) shall have the protection of discretionary trusts provided under this section and such protection shall apply regardless of the date the trust was created.
(g) Terms of a trust providing a trustee may make discretionary distributions to a beneficiary, whether or not the discretionary distributions are pursuant to a standard of distribution, shall not create any property interest in the beneficiary or any enforceable right to a distribution for the beneficiary.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 5 - Creditor's Claims; Spendthrift and Discretionary Trusts › Section 4-10-505 - Standards of Distribution.

4-10-505. Standards of distribution.
(a) Regardless of whether a beneficiary's interest in trust income or principal or both is subject to a spendthrift provision, if the terms of the trust direct the trustee to make distributions of trust income or principal or both according to a standard, which includes distributions for the beneficiary's maintenance or support, and the trustee has not complied with the standard of distribution:
(i) 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; and
(ii) In the order of distribution, the court shall direct the trustee to pay to or for the benefit of the child that portion of the trust income or principal or both 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 of distribution.
(b) Except as provided in subsection (a) of this section, a creditor or assignee of a beneficiary, including a creditor bringing any claim for forced heirship or legitime, may not compel distributions from the trust or attach distributions to be made to a beneficiary until the distributions are received by the beneficiary, if the terms of the trust limit the trustee's ability to make distributions by a standard of distribution, even when the beneficiary is also a trustee or cotrustee of the trust.
(c) This section shall not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for a failure to comply with a standard for distributions to the beneficiary.
(d) Except as otherwise provided in the terms of the trust, the trustee shall not consider the assets or resources of a beneficiary in determining whether to make a distribution of trust income or principal.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 5 - Creditor's Claims; Spendthrift and Discretionary Trusts › Section 4-10-505.1 - Power of Appointment or Withdrawal; Claims of Power Holder's Creditors.

4-10-505.1. Power of appointment or withdrawal; claims of power holder's creditors.
(a) Property of a trust that the holder of a power of appointment is authorized to appoint may not be reached or attached by creditors or assignees of the power holder except to the extent that the power holder:
(i) Is authorized under the power to appoint the property to himself, his creditors, his estate or the creditors of his estate; and
(ii) Exercises the power of appointment in favor of himself, his creditors, his estate or the creditors of his estate.
(b) Property of a trust that may be withdrawn by a person holding a power to withdraw from the trust may not be reached or attached by creditors or assignees of the power holder unless and until the power holder withdraws the property from the trust.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 5 - Creditor's Claims; Spendthrift and Discretionary Trusts › Section 4-10-507 - Limitation on Action by Creditors.

4-10-507. Limitation on action by creditors.
(a) Subject to the rights of persons dealing with a fiduciary as provided in W.S. 4-10-1013, a creditor may file a claim against the assets of the trust or commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of:
(i) Two (2) years after the settlor's death;
(ii) One hundred twenty (120) days after the first publication of a notice of the intent of the trustee to have the property of the settlor distributed as permitted under the terms of the trust. The notice shall be published once per week for two (2) consecutive weeks in a newspaper of general circulation in the county or counties where venue of the trust is properly established as provided in W.S. 4-10-204; or
(iii) One hundred twenty (120) days after known creditors have been mailed notice, by certified mail return receipt requested. The notice shall inform the creditor:
(A) Of the trust's existence;
(B) Of the trustee's name and address;
(C) That the creditor shall make all claims in writing to the trustee within one hundred twenty (120) days of the date of mailing of the notice; and
(D) That time allowed for commencing a proceeding to contest the validity of a trust or of the proposed distribution of the trustee is one hundred twenty (120) days from the date of mailing of the notice.
(b) A creditor failing to file his claim or to commence a judicial proceeding to contest the validity of a trust within the times provided is forever prohibited from making any claim against the assets of the settlor's trust or commencing any judicial proceeding against the settlor or the assets of the settlor's trust.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 5 - Creditor's Claims; Spendthrift and Discretionary Trusts › Section 4-10-507.1 - Enforcement of Foreign Judgments; Liability for Compliance.

4-10-507.1. Enforcement of foreign judgments; liability for compliance.
(a) Notwithstanding any other provision of law, no judgment, decree or order of a court of the United States, a court of another state or any other court other than a Wyoming court shall be enforced against the property of any trust governed by the laws of this state unless a court of competent jurisdiction in Wyoming determines that the time, manner and mechanism for enforcing the judgment, decree or order is consistent with the restrictions and limitations imposed under this article for the enforcement of the claims of any creditor and is consistent with the terms of the trust.
(b) A trustee, trust protector, trust advisor or other fiduciary of a trust, whether acting in a fiduciary capacity or not, shall not be liable for failing to comply with any judgment, decree or order of a court of the United States, a court of another state or any other court other than a Wyoming court that the trustee, trust protector or trust advisor believes in good faith to be inconsistent with the restrictions and limitations imposed under the terms of the trust or by this act.
2023 Wyoming Statutes › Title 4 - Trusts › Chapter 10 - Uniform Trust Code › Article 5 - Creditor's Claims; Spendthrift and Discretionary Trusts › Section 4-10-508 - Overdue Mandatory Distribution.

4-10-508. Overdue mandatory distribution.
(a) In this section, "mandatory distribution" means a distribution of income or principal which the trustee is required to make to a beneficiary under the terms of the trust, including a distribution on termination of the trust. The term does not include a discretionary distribution under W.S. 4-10-504.
(b) If the trust includes a spendthrift provision, a creditor or assignee of a beneficiary may not compel a mandatory distribution or attach a mandatory distribution until it is received by the beneficiary.
(c) If a trust providing for a mandatory distribution does not include a spendthrift provision, a creditor or assignee of a beneficiary may compel the trustee to make the mandatory distribution to the beneficiary where the distribution was not made within a reasonable time.