Category Archives: Current Legal Developments

Prior Utah Asset Protection Trust Law

NOTE:  Effective May 14, 2013, Utah has a new asset protection trust law.  This blog was posted on May 28, 2012, and the information in it is now mostly “historical” in nature.  The proposed legislation mentioned below was enacted by … Continue reading

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Warne v. Warne, 2012 UT 13

In Warne v. Warne, Case No. 20100125 (UT S.Ct., Mar. 6, 2012), the Utah Supreme Court held that, under Utah Code §75-7-605, a trust amendment need not precisely comply with the method of amendment prescribed in the trust instrument.  The … Continue reading

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Bowen v. Bowen, 264 P.3d 233 (Utah App. 2011)

In Bowen v. Bowen, 264 P.3d 233 (Utah App. 2011), the settlor established an irrevocable trust in 1982.  In 2001, the settlor purported to amend the trust by removing the plaintiff and her brother as trust beneficiaries.  The settlor died … Continue reading

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Patterson v. Patterson, 266 P.3d 828 (Utah 2011)

The case of Patterson v. Patterson, 266 P.3d 828 (Utah 2011), decided by the Utah Supreme Court this past November, confirms that a trust revocation or amendment need not precisely comply with the method of revocation or amendment prescribed in … Continue reading

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Utah Enacts Uniform Disposition of Community Property Rights at Death Act

On March 16, 2012, Governor Herbert signed into law Senate Bill 168.  Sen. Lyle Hillyard was the Chief Sponsor of the bill, and Rep. Lowry Snow sponsored the bill in the House.  The bill will appear as Chapter 2b in … Continue reading

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