Category Archives: Current Legal Developments

Aagard v. Jorgensen, 2014 UT App. 269

In Aagard v. Jorgensen, 2014 UT App. 269 (filed November 14, 2014), the Utah Court of Appeals approved a modification of an LLC operating agreement that was proposed by the Petitioner, who was the manager of the LLC.  The Petitioner … Continue reading

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Dahl v. Dahl, 2015 UT 23

In Dahl v. Dahl, 2015 UT 23, the Utah Supreme Court held that Kim Dahl had an enforceable interest in a Nevada asset protection trust that was established by her husband, Charles Dahl, during the marriage with marital property. The … Continue reading

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Warner v. Warner

In Warner v. Warner, 2014 UT App 16, a 15-year long dispute between the trustees of a trust and the trust beneficiaries, the Utah Court of Appeals affirmed the district court’s ruling that the trustees were required to pay a … Continue reading

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Snow, Christensen & Martineau v. Lindberg

In Snow, Christensen & Martineau v.  Lindberg, 299 P.3d 1058 (Utah 2013), the Utah Supreme Court held that the terms of a reformed trust were so dramatically different from the terms of the original trust that the attorneys for the … Continue reading

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Estate of Malloy

In Estate of Malloy, 288 P.3d 597 (Utah App. 2012), the court of appeals affirmed the district court’s ruling that the decedent’s divorce did not revoke the designation of his former spouse as the beneficiary under his life insurance policy because … Continue reading

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Hillcrest Investment v. UDOT

In Hillcrest Investment Company v. Utah Department of Transportation, 287 P.3d 427 (Utah App. 2012), the Utah court of appeals explained that a trust beneficiary can bring an action against a third party on behalf of the trust under the … Continue reading

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Estate of Valcarce

In Estate of Valcarce, 301 P. 3d 1031 (Utah App. 2013), the Utah court of appeals affirmed the district court order admitting to probate an unsigned copy of the decedent’s 1991 will. Two of the decedent’s brothers had submitted the … Continue reading

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Estate of Hannifin

In Estate of Hannifin, 2013 UT 46 (filed August 2, 2013), the Utah Supreme Court held that the provisions of the Utah Probate Code pre-empt and supersede the doctrine of equitable adoption for purposes of intestate succession. The Court had … Continue reading

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United Effort Plan Trust v. Jessop

In United Effort Plan Trust v. Jessop, 296 P.3d 742 (Utah 2013), the Utah Supreme Court affirmed the district court’s ruling that the beneficiaries of a charitable trust lacked standing to enforce the trust. The Court noted the general common … Continue reading

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New Utah Unitrust Legislation

On March 27, 2013, Governor Herbert signed into law S.B. 198, which permits conversion of traditional income trusts to total return unitrusts without court approval.  Prior to this legislation, a traditional trust could be converted to a unitrust in Utah … Continue reading

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