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Category Archives: Current Legal Developments
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
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
Posted in Current Legal Developments
Tagged Utah beneficiaries, Utah trusts, Utah unitrusts
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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
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
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
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
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
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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Tagged Utah 75-7-706, Utah trustee removal, Utah trusts
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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
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