Category Archives: Current Legal Developments

ADR Provisions in Utah Wills & Trusts

On April 1, 2013, Governor Herbert signed into law H.B. 332.  The bill expressly authorizes the inclusion of a provision in a will, trust or power of attorney that requires the resolution of disputes outside of court proceedings.  Under the … Continue reading

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Utah Perpetuities Reform

On April 1, 2013, Governor Herbert signed into law H.B. 327.  H.B. 327 addresses several probate and trust matters, including technical corrections to Utah’s statutory Rule Against Perpetuities. The new law clarifies that the perpetuities period in Utah is 1,000 … Continue reading

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Utah Asset Protection Trusts: New 2013 Law

On March 28, 2013, Governor Herbert signed into law H.B. 222, Utah’s new self-settled asset protection trust statute.  The new law arguably provides the greatest measure of asset protection of any such law in the country.  It will replace the … Continue reading

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Hull v. Wilcock, 2012 UT App 223

In Hull v. Wilcock, 2012 UT App 223 (filed August 16, 2012), the court of appeals affirmed the trial court’s admission of extrinsic evidence to interpret the terms of the trust instrument.  Following a long line of cases, the court … Continue reading

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Shurtleff v. UEP Trust, 2012 UT 47

In Shurtleff v. The United Effort Plan Trust, 2012 UT 47 (filed August 3, 2012), the Utah Supreme Court upheld a probate court ruling that the State of Utah must make an interim payment of approximately $5.7 million in trustee … Continue reading

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Rapela v. Green, 2012 UT 57

In Rapela v. Green, 2012 UT 57, the Utah Supreme Court has offered guidance on when removal of a trustee is appropriate.  The Court interpreted Utah Code §75-7-706(2)(d), which provides that a court may remove a trustee if (1) there … Continue reading

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Southwick v. Southwick, 2011 UT App 222

In Southwick v. Southwick, 2011 UT App 222, the court of appeals held that the requirements under the applicable Utah disclaimer statute need not be strictly satisfied.  Rather, the court held that substantial compliance with the statute was sufficient to … Continue reading

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Winward v. Goodliffe, 2011 UT App 292

In Winward v. Goodliffe, 2011 UT App 292, the appeals court upheld the trial court’s ruling that the plaintiff/appellant be required to pay his sister (his only surviving sibling) over $550,000 in order to adjust for over $630,000 that he … Continue reading

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Effective Date of Utah’s New LLC & LP Acts Postponed

The Utah Uniform Limited Partnership Act (Utah Code Title 48, new Chapter 2d) and the Utah Revised Uniform Limited Liability Company Act (Utah Code Title 48, new Chapter 3), both of which were enacted in 2011 and were scheduled to … Continue reading

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Estate of Strand, 2012 UT App. 144

In Estate of Strand (Nupetco Associates, LLC v. Dimeo), 2012 UT App. 144, the Second District Court of Appeals held that the probate court had the authority to appoint a personal representative for the estate even though more than three … Continue reading

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