Kòd Trust Inifòm Utah a, seksyon pa seksyon

Tèks konplè gid sa a an angle; rezime ki anwo a nan lang ou. Rezime lwa yo ak vèsyon angle a rete sous referans lan.

Verifye ak Utah Statutes yo nan dat 2026-10-13. Enfòmasyon jeneral, pa konsèy legal; tèks ofisyèl la ki kòmande.

Part 1: General Provisions

Utah Code § 75B-2-102 ↗ Scope: States the chapter's scope: it applies to a trust.
Utah Code § 75B-2-103 ↗ Definitions for chapter: Defines the chapter's terms — among them a "qualified beneficiary", a beneficiary who on the date the qualification is determined is a current distributee or permissible distributee of trust income or principal, or would be one if the trust terminated on that date (the definition's two limbs); "revocable", revocable by the settlor without the consent of the trustee or a person holding an adverse interest; a "spendthrift provision", a term that restrains both voluntary and involuntary transfer of a beneficiary's interest; the "terms of a trust", the settlor's intent as expressed in the instrument or established by other admissible evidence, or the provisions as established by a trustee or trust director under applicable law, a court order or a nonjudicial settlement agreement; a "charitable trust"; a "power of withdrawal"; and a "resident trust".
Utah Code § 75B-2-104 ↗ Knowledge: A person has knowledge of a fact with actual knowledge of it, on receiving a notice or notification of it, or where the facts and circumstances known at the time give reason to know it; an organization acting through employees has notice or knowledge of a fact involving a trust from the time the information reached an employee responsible for acting for the trust, or would have with reasonable diligence — reasonable routines for communicating significant information to that employee and reasonable compliance with them.
Utah Code § 75B-2-105 ↗ Default and mandatory rules: Except as the chapter specifically provides, the terms of a trust prevail over its provisions — but not over the requirements for creating a trust; the trustee's duty to act in good faith and in accordance with the trust's purposes, subject to the directed-trust sections; the requirement that a trust and its terms be for the beneficiaries' benefit; the court's power to modify or terminate a trust; the effect of a spendthrift provision, an asset protection trust and the rights of creditors and assignees under part 5; the court's power over a bond; the effect of an exculpatory term; the rights of third parties under sections 75B-2-1010 to 1013; the periods of limitation for a judicial proceeding; and the jurisdiction and venue requirements. The duty to inform and report is not on the list.
Utah Code § 75B-2-106 ↗ Common law of trusts -- Principles of equity: The common law of trusts and principles of equity supplement the chapter, except to the extent the chapter or Utah law modifies them.
Utah Code § 75B-2-107 ↗ Governing law: A trust whose instrument provides that Utah law governs its validity, construction and administration is governed by Utah law if any administration is done in Utah; a trust created on or after December 31, 2003 without such a provision is governed by Utah law if administered in Utah — where the trust states Utah as the place of administration and some administration is done here, or where the fiduciary transacts a major portion of the administration here; a foreign trust administered in Utah may enforce a transfer restriction like an asset protection trust's, a perpetual term and any provision Utah law does not expressly prohibit, and is valid on moving its administration here whether or not it complied with Utah law at creation.
Utah Code § 75B-2-108 ↗ Principal place of administration: A designation of the principal place of administration controls where a trustee's principal place of business or residence is there or part of the administration occurs there; the trustee is under a continuing duty to administer the trust at a place appropriate to its purposes, its administration and the beneficiaries' interests, and may transfer the principal place of administration to another state or outside the United States after notifying the qualified beneficiaries not less than 60 days before initiating the transfer — the notice naming the new jurisdiction, the address and telephone number at the new location, the reasons, the anticipated date and an objection date not less than 60 days after the notice; the authority ends if a qualified beneficiary objects by that date; the trustee may transfer trust property to a successor in connection with the transfer.
Utah Code § 75B-2-109 ↗ Methods and waiver of notice: Notice under the chapter, or a document it requires to be sent, is accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt — 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; the person to be notified may waive it; notice of a judicial proceeding follows the Utah Rules of Civil Procedure.
Utah Code § 75B-2-110 ↗ Nonjudicial settlement agreements: Interested persons — those whose consent a court-approved settlement would require — may enter into a binding nonjudicial settlement agreement on any matter involving a trust, valid only to the extent it does not violate a material purpose of the trust and includes terms the court could properly approve; the matters include the interpretation or construction of the terms, the approval of a trustee's report or accounting, a direction to a trustee or the grant of a power, the resignation or appointment of a trustee and the determination of compensation, a transfer of the principal place of administration and a trustee's liability; any interested person may ask the court to approve the agreement, to determine whether the representation under part 3 was adequate and whether the terms could have been approved.
Utah Code § 75B-2-111 ↗ Rules of construction: The rules of construction that apply to the interpretation of a will or other governing instrument and the disposition of property under it apply as appropriate to the interpretation of a trust's terms and the disposition of the trust property.
Utah Code § 75B-2-112 ↗ Penalty provisions: A trust provision that purports to penalize a beneficiary — by charging the beneficiary's interest or otherwise — for instituting a proceeding to challenge the acts of the trustee or another fiduciary, or other proceedings relating to the trust, is unenforceable if probable cause exists for instituting the proceeding.
Utah Code § 75B-2-113 ↗ Foreign trustees: A foreign corporate trustee qualifies as a foreign corporation doing business in Utah if it maintains the principal place of administration of a trust in the state, but not solely because a cotrustee does; unless otherwise doing business here, a foreign corporate trustee need not qualify locally to receive a distribution from a Utah estate, to hold, invest in, manage or acquire Utah property or to maintain litigation where its home state reciprocates, and a foreign trustee other than a corporation need not qualify for those acts at all.

Part 2: Jurisdiction and Venue for Trusts

Utah Code § 75B-2-201 ↗ Court -- Exclusive jurisdiction of trusts: The court has exclusive jurisdiction over proceedings an interested party initiates concerning the internal affairs of trusts — the administration and distribution of trusts, the declaration of rights and other matters involving trustees and beneficiaries, including proceedings to appoint or remove a trustee, review a trustee's fees, review and settle interim or final accounts, ascertain beneficiaries, determine any question arising in the administration or distribution, instruct trustees, determine an immunity, power, privilege, duty or right, and order or accept a transfer of administration to or from another state; a proceeding does not result in continuing supervision, and the management and distribution of a trust estate, the reports to beneficiaries, the trustee's fees, acceptance and change of trusteeship and the rest of the administration proceed expeditiously, free of judicial intervention and without any court's order or approval, subject to the court's jurisdiction as interested parties invoke it.
Utah Code § 75B-2-202 ↗ Effect of administration in this state -- Consent to jurisdiction: A trustee who acts as trustee of a trust administered in Utah submits personally to the jurisdiction of Utah's courts for any matter involving the trust; the beneficiaries are subject to that jurisdiction to the extent of their beneficial interests, and a recipient of a distribution submits personally by accepting it; an agent who accepts the delegation of a trust function submits too; a trust is administered in Utah if it meets section 75B-2-107(4) unless the instrument designates otherwise.
Utah Code § 75B-2-203 ↗ Jurisdiction over an action involving a trust: A Utah court has jurisdiction over an action involving a trust as Title 78A, Judiciary and Judicial Administration, provides; the section does not preclude judicial or nonjudicial alternative dispute resolution.
Utah Code § 75B-2-204 ↗ Trust proceedings -- Dismissal of matters relating to foreign trusts: Over a party's objection the court may not entertain a proceeding under section 75B-2-201 involving a trust that is under a foreign court's continuing supervision, is registered in another state or has a fiduciary who transacts a major portion of its administration in another state — unless all appropriate parties could not be bound by litigation in the other state's courts or the interests of justice would be seriously impaired; the court may condition a stay or dismissal on a party's consent to another state's jurisdiction, grant a continuance or enter another appropriate order.
Utah Code § 75B-2-205 ↗ Venue for an action involving a trust: An action involving a trust is brought in the county in which the trust's principal place of administration is or will be located or, for a trust created by a will while the estate is not yet closed, the county where the estate is being administered; where a trust has no trustee, an action to appoint one is brought in a county where a beneficiary resides, where trust property is located or, for a testamentary trust, where the estate was or is being administered; the section does not apply to an action brought in the Business and Chancery Court.

Part 3: Representation

Utah Code § 75B-2-301 ↗ Basic effect: Notice to a person who may represent and bind another person under part 3 has the same effect as notice to the other person; the consent of such a representative binds the person represented unless that person objects before the consent would become effective; except as section 75B-2-411 and the asset-protection part provide, a person who may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.
Utah Code § 75B-2-302 ↗ Representation by holder of general testamentary power of appointment: To the extent there is no conflict of interest on the particular question, the holder of a general testamentary power of appointment may represent and bind the persons whose interests — as permissible appointees, takers in default or otherwise — are subject to the power.
Utah Code § 75B-2-303 ↗ Representation by fiduciaries and parents: To the extent there is no conflict of interest on the particular question, a conservator may represent and bind the protected person, a guardian the ward where no conservator is appointed, an agent with authority on the question the principal, a trustee the beneficiaries of the trust, a personal representative the persons interested in the estate, and a parent the parent's minor or unborn child where no conservator or guardian has been appointed.
Utah Code § 75B-2-304 ↗ 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 person having a substantially identical interest on the particular question, to the extent there is no conflict of interest between them.
Utah Code § 75B-2-305 ↗ Appointment of guardian ad litem or other representative: Where the court determines that an interest is not represented under part 3, or that the available representation might be inadequate, it may appoint a guardian ad litem or other representative to receive notice, give consent and otherwise represent, bind and act for a minor, incapacitated or protected person, an unborn individual or a person whose identity or location is unknown — for one or several persons, whether or not a proceeding is pending; the representative may consider the general benefit to the living members of the individual's family.

Part 4: Creation, Validity, Modification, and Termination of a Trust

Utah Code § 75B-2-401 ↗ Methods of creating trust: A trust may be created by a transfer of property to a trustee during the settlor's lifetime, by will or by another disposition taking effect at the settlor's death; by an owner's declaration that the owner holds identifiable property as trustee; or by the exercise of a power of appointment in favor of a trustee. A health savings account is established on the first day of coverage by a high deductible health plan and is opened with a trustee or custodian within the federal filing time, without a signed trust or custodial agreement unless the trustee or custodian requires one.
Utah Code § 75B-2-402 ↗ Requirements for creation: A trust is created only if the settlor has capacity — the standard for making a will — and indicates an intention to create it (or a statute, judgment or decree authorizes it), the trust has a definite beneficiary or is a charitable, animal or noncharitable-purpose trust, the trustee has duties to perform, and the same person is not the sole trustee and sole beneficiary; a beneficiary is definite if ascertainable now or in the future, and a trustee's power to select a beneficiary from an indefinite class is valid but fails if not exercised within a reasonable time.
Utah Code § 75B-2-403 ↗ Trusts created in other jurisdictions: A trust not created by will is validly created if its creation complies with the law of the jurisdiction where the instrument was executed or, at the time of creation, the law of the jurisdiction where the settlor was domiciled, had a place of abode or was a national, where a trustee was domiciled or had a place of business, or where any trust property was located.
Utah Code § 75B-2-404 ↗ Trust purposes: A trust may be created only to the extent its purposes are lawful, not contrary to public policy and possible to achieve, and a trust and its terms must be for the benefit of its beneficiaries.
Utah Code § 75B-2-405 ↗ Charitable purposes -- Enforcement: 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 beneficial to the community; where the terms name no particular charitable purpose or beneficiary, the trustee if the terms authorize it, or else the court, selects one consistent with the settlor's intention; the settlor, among others, may maintain a proceeding to enforce the trust.
Utah Code § 75B-2-406 ↗ Creation of trust induced by fraud, duress, or undue influence: A trust is void to the extent its creation was induced by fraud, duress or undue influence.
Utah Code § 75B-2-407 ↗ Evidence of oral trust: Except as another statute requires, 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.
Utah Code § 75B-2-408 ↗ Trust for care of animal: A trust may be created to provide for the care of a pet or animal, as section 75-2-1001 provides.
Utah Code § 75B-2-409 ↗ Noncharitable trust without ascertainable beneficiary: A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary, or for a noncharitable but otherwise valid purpose the trustee selects, as section 75-2-1001 provides.
Utah Code § 75B-2-410 ↗ Modification or termination of trust -- Proceedings for approval or disapproval: Beyond the methods of sections 75B-2-411 to 414, a trust terminates to the extent it is revoked or expires under its terms, no purpose remains to be achieved, or its purposes have become unlawful, contrary to public policy or impossible to achieve; a trustee or a qualified beneficiary may commence a proceeding to approve or disapprove a proposed modification, termination, combination or division, the settlor may for a consent modification, and the settlor of a charitable trust may seek its modification under the cy pres section.
Utah Code § 75B-2-411 ↗ Modification or termination of noncharitable irrevocable trust by consent: A noncharitable irrevocable trust may be modified or terminated on the consent of the settlor and all beneficiaries, even against a material purpose — an agent under a power of attorney, a conservator or a guardian may consent for the settlor only as the section allows; on the consent of all beneficiaries alone, the trust may be terminated if the court concludes its continuance is not necessary to achieve any material purpose, or modified if the change is not inconsistent with one; a spendthrift provision is not presumed to be a material purpose; on termination the trustee distributes as the beneficiaries agree; where not all beneficiaries consent, the court may approve the change if it could have been made with everyone's consent and a nonconsenting beneficiary's interests will be adequately protected.
Utah Code § 75B-2-412 ↗ Modification or termination because of unanticipated circumstances or inability to administer trust effectively: The court may modify a trust's administrative or dispositive terms, or terminate it, where circumstances the settlor did not anticipate mean doing so will further the trust's purposes — to the extent practicable in accordance with the settlor's probable intention — and may modify administrative terms whose continuation would be impracticable, wasteful or an impairment of the administration; on termination the trustee distributes as the court directs or consistently with the trust's purposes.
Utah Code § 75B-2-413 ↗ Cy pres: Where a particular charitable purpose becomes unlawful, impracticable, impossible to achieve or wasteful, the trust does not fail and the property does not revert to the settlor; the court may apply cy pres to modify or terminate the trust and apply the property consistently with the settlor's charitable purposes — unless a term distributing the property to a noncharitable beneficiary takes effect while the settlor is living or fewer than 21 years after the trust's creation.
Utah Code § 75B-2-414 ↗ Modification or termination of uneconomic trust: After notice to the qualified beneficiaries, the trustee of a trust whose property is worth less than $100,000 in total may terminate it on concluding that the value is insufficient to justify the cost of administration; the court may modify or terminate such a trust or remove the trustee and appoint another; on termination the trustee distributes consistently with the trust's purposes; a conservation or preservation easement is excluded.
Utah Code § 75B-2-415 ↗ Reformation to correct mistakes: The court may reform a trust's terms, even if unambiguous, to conform them to the settlor's intention where clear and convincing evidence proves that both the settlor's intent and the terms were affected by a mistake of fact or law, in expression or inducement.
Utah Code § 75B-2-416 ↗ Modification to achieve settlor's tax objectives: To achieve the settlor's tax objectives the court may modify a trust's terms, and may give the modification retroactive effect.
Utah Code § 75B-2-417 ↗ Combination and division of trusts: After notice to the qualified beneficiaries, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts, if the result does not impair any beneficiary's rights or adversely affect the achievement of the trust's purposes.

Part 5: Spendthrift and Discretionary Trusts

Utah Code § 75B-2-501 ↗ Rights of beneficiary's creditor or assignee: To the extent a beneficiary's interest is not protected by a spendthrift provision or the asset-protection part, the court may authorize a creditor or assignee of the beneficiary to reach the interest by attaching present or future distributions or by other means, and may limit the relief as the circumstances warrant.
Utah Code § 75B-2-502 ↗ Spendthrift provisions for beneficiaries other than the settlor: A spendthrift provision for a beneficiary other than the settlor is valid only if it restrains both voluntary and involuntary transfer of the beneficiary's interest, even where the beneficiary is the trustee or a cotrustee; a term that the interest is held subject to a "spendthrift trust", or words of similar import, suffices; a beneficiary may not transfer an interest in violation of a valid provision, and except as part 5 provides a creditor or assignee may not reach the interest, or a distribution, before the beneficiary receives it.
Utah Code § 75B-2-503 ↗ Exceptions to spendthrift provision: Even against a spendthrift provision, a court may order an attachment of present or future distributions for a beneficiary's child who holds a judgment or order for support or maintenance, a judgment creditor who provided services for the protection of the beneficiary's interest in the trust, a victim with a judgment for restitution under the Crime Victims Restitution Act or a similar law, and the Office of State Debt Collection for a civil accounts receivable or civil judgment of restitution; a spendthrift provision is unenforceable against a claim of the state or the United States to the extent a statute so provides.
Utah Code § 75B-2-504 ↗ Discretionary trusts -- Effect of standard: Whether or not a trust has a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is subject to the trustee's discretion, even where the discretion is expressed as a standard or the trustee has abused it — except that, to the extent the trustee has not complied with a standard or has abused the discretion, the court may order a distribution to satisfy a judgment or order for the support or maintenance of the beneficiary's child, spouse or former spouse, in an equitable amount not more than what the trustee would have been required to distribute; the beneficiary's own right to sue for an abuse of discretion remains.
Utah Code § 75B-2-505 ↗ Creditor's claim against settlor: Whether or not a trust has a spendthrift provision: during the settlor's lifetime a revocable trust's property is subject to the settlor's creditors, each settlor's contribution separately; a creditor of the settlor of an irrevocable trust other than an asset protection trust may reach the maximum amount distributable to or for the settlor, each settlor's contribution separately, but not solely because a trustee or adviser who is not the settlor may make a discretionary distribution to reimburse the settlor's income tax on the trust's income; after the settlor's death, subject to the settlor's right to direct the source of payment, the property of a trust that was revocable at the death — not property the trust received because of the death that is otherwise exempt — is subject to the settlor's creditors' claims, the costs of administering the settlor's estate, the funeral and disposal of remains, and the statutory allowances to a surviving spouse and children, to the extent the probate estate is inadequate.
Utah Code § 75B-2-506 ↗ Overdue distribution: Whether or not a trust has a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution on the trust's termination, that the trustee has not made within a reasonable time after the required distribution date.
Utah Code § 75B-2-507 ↗ Personal obligations of trustee: Trust property is not subject to the personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt.
Utah Code § 75B-2-508 ↗ Notice to creditors: On the settlor's death the trustee of an inter vivos revocable trust may publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county where the settlor resided at death and under section 45-1-101 for three weeks — giving the trustee's name and address and notifying creditors of the deceased settlor to present their claims within three months after the first publication or be forever barred; the trustee gives written notice by mail or other delivery to any known creditor to present the claim within 90 days from the published notice, if given, or 60 days from the mailing or delivery, whichever is later, or be forever barred; where the settlor received medical assistance after age 55, the trustee mails or delivers written notice to the Director of the Office of Recovery Services to present any claim under section 26B-3-1013 within 60 days from the mailing or delivery, failing which the Department has one year from the death; the trustee is not liable for giving or failing to give notice; and the notice is valid against the trust's creditors and the estate's.
Utah Code § 75B-2-509 ↗ Limitations on presentation of claims: Claims against a deceased settlor that arose before the death, whatever their basis, are barred against the settlor's estate, the trustee, the trust estate and the beneficiaries unless presented within the earlier of one year after the death and the time section 75B-2-508 provides for creditors given actual notice or, where notice is published, for all claims barred by publication; claims barred by the nonclaim statute at the settlor's domicile are barred in Utah; claims arising at or after the death are barred unless presented within three months after performance is due, for a contract with the trustee, or otherwise within the later of three months after the claim arises and the periods above; nothing affects a proceeding on a mortgage, pledge or lien, a claim within liability insurance, the compensation and expenses of the trustee or the trustee's attorney or accountant, or the recovery of medical assistance under Title 26B, Chapter 3, Part 10.
Utah Code § 75B-2-510 ↗ Manner of presentation of claims: A claim against a deceased settlor's estate or inter vivos revocable trust is presented by delivering or mailing to the trustee, or the trustee's attorney of record, a written statement of the claim with its basis, the claimant's name and address and the amount — presented on receipt — stating the due date of a claim not yet due, the nature of a contingent or unliquidated claim's uncertainty and any security; or by commencing a proceeding against the trustee within the time for presenting the claim, no presentation being required for matters already in proceedings against the settlor at the death; a proceeding on a presented claim may not be commenced more than 60 days after the trustee mails a notice of disallowance, a period the trustee may extend for a claim not yet due or contingent, or the court may for cause, within the statute of limitations.
Utah Code § 75B-2-511 ↗ Classification of claims: Where the applicable assets of the deceased settlor's estate or trust estate are insufficient to pay all claims in full, the trustee pays in this order: reasonable funeral expenses; costs and expenses of administration; debts and taxes with preference under federal law; reasonable and necessary medical and hospital expenses of the last illness, including the compensation of attendants and medical assistance where section 26B-3-1013 applies; debts and taxes with preference under Utah law; all other claims — with no preference within a class and none for a claim due and payable over claims not due.
Utah Code § 75B-2-512 ↗ Allowance of claims: As to claims presented in time and manner, the trustee may mail a claimant a notice that the claim is allowed or disallowed, and notifies the claimant of a change of decision — but may not change a disallowance after the claimant's time to petition or sue has expired; where the notice of disallowance warns of the impending bar, a disallowed claim is barred so far as not allowed unless the claimant petitions for allowance or commences a proceeding within 60 days after the mailing; where the trustee mails no notice of action within 60 days after the time for original presentation has expired, the failure has the effect of an allowance; the court may order a timely claim allowed in whole or in part on petition, with notice as it directs; a judgment against the trustee in another court is a court-ordered allowance; allowed claims bear interest at the legal rate from six months after the settlor's death unless a contract provides otherwise.
Utah Code § 75B-2-513 ↗ Payment of claims: On the expiration of the earliest of the presentation periods of section 75B-2-509, the trustee pays the allowed claims in the order of priority, after providing for claims presented but not yet allowed or on appeal, for unbarred claims that may yet be presented and for the costs and expenses of administration; a claimant whose allowed claim is unpaid may petition for an order directing payment from the available funds; the trustee may pay any just unbarred claim at any time, with or without formal presentation, but is personally liable to another allowed claimant injured by a payment made before the period expired without adequate security for a refund, or made through the trustee's negligence or wilful fault in a way that deprived the injured claimant of priority.
Utah Code § 75B-2-514 ↗ Secured claims: A secured claim is paid on the basis of the amount allowed if the creditor surrenders the security; otherwise on the amount allowed less the fair value of the security where the creditor exhausts it before payment, or less the value of the security determined by converting it to money under the security agreement or by agreement, arbitration, compromise or litigation where the creditor has not or may not exhaust it.
Utah Code § 75B-2-515 ↗ Claims not due and contingent or unliquidated claims: A claim that will become due later, or a contingent or unliquidated claim, that becomes due or certain before the trust estate is distributed and has been allowed or established is paid like a presently due claim of its class; otherwise the trustee, or the court on petition, may pay the claimant the present or agreed value with the claimant's consent, or arrange for future or possible payment by creating a trust, giving a mortgage, obtaining a bond or security from a beneficiary, or otherwise.
Utah Code § 75B-2-516 ↗ Counterclaims: In allowing a claim the trustee may deduct any counterclaim the deceased settlor's estate has against the claimant; a court determining a claim reduces it by any counterclaim and enters judgment against the claimant for any excess; a counterclaim may arise from a different transaction and may give relief exceeding or differing from what the claim sought.
Utah Code § 75B-2-517 ↗ Execution and levies prohibited: No execution may issue on, and no levy may be made against, property of the deceased settlor's estate under a judgment against the settlor or a trustee; mortgages, pledges and liens on real or personal property may still be enforced in an appropriate proceeding.
Utah Code § 75B-2-518 ↗ Compromise of claims: Where a claim against a deceased settlor's estate has been presented in any manner, the trustee may compromise it — due or not due, absolute or contingent, liquidated or unliquidated — if the compromise appears in the best interest of the estate.
Utah Code § 75B-2-519 ↗ Encumbered assets: Where assets of the deceased settlor's estate are encumbered by a mortgage, pledge, lien or other security interest, the trustee may pay the encumbrance in whole or in part, renew or extend the secured obligation, or convey the assets to the creditor in satisfaction, whether or not a claim was presented, if that appears in the estate's best interest; paying an encumbrance does not increase the share of the beneficiary entitled to the asset unless the beneficiary is entitled to exoneration or the trust's terms provide otherwise.

Part 6: Revocable Trust

Utah Code § 75B-2-601 ↗ Capacity of settlor of revocable trust: The capacity required to create, amend, revoke or add property to a revocable trust, or to direct the actions of its trustee, is the capacity required to make a will.
Utah Code § 75B-2-602 ↗ Revocation or amendment of revocable trust: Unless the terms expressly provide that the trust is irrevocable, the settlor may revoke or amend it — a rule that does not reach a trust created under an instrument executed before May 1, 2004; where more than one settlor created or funded a revocable trust, its community property may be revoked by either spouse acting alone but amended only by both, and each settlor may revoke or amend the portion attributable to that settlor's other contributions; revocation or amendment is by substantial compliance with the terms' method or, where none is exclusive, by a later will or codicil that expressly refers to the trust or specifically devises its property, or by any other method manifesting clear and convincing evidence of the settlor's intent; on revocation the trustee delivers the property as the settlor directs; an agent may exercise the settlor's powers only as the trust's terms or the power expressly authorize, and a conservator or guardian only with the supervising court's approval; a trustee who does not know of a revocation or amendment is not liable for acting as if none had occurred.
Utah Code § 75B-2-603 ↗ Settlor's powers -- Powers of withdrawal: While a trust is revocable by the settlor, the trustee may follow the settlor's direction even where it is contrary to the terms — and, where the power to revoke is held with another person, a direction from both; to the extent a trust is revocable and the settlor has capacity to revoke it, the rights of the beneficiaries are subject to the settlor's control and the duties of the trustee are owed exclusively to the settlor — with several settlors, to all who have capacity; while a power of withdrawal may be exercised, its holder has a settlor's rights to the extent of the property subject to the power.
Utah Code § 75B-2-604 ↗ Limitation on action contesting validity of revocable trust -- Distribution of trust property: A proceeding to contest the validity of a trust that was revocable at the settlor's death is commenced within the earlier of three years after the death and 90 days after the trustee sent the person a copy of the trust instrument and a notice of the trust's existence, of the trustee's name and address and of the time allowed for commencing a proceeding; on the death the trustee may proceed to distribute the trust property under the terms and is not liable for doing so unless the trustee knows of a pending contest or a potential contestant has notified the trustee of a possible proceeding and commences one within 60 days after sending the notification; the trustee is liable only for actions taken two or more business days after actual receipt of a written notice naming the settlor or the trust, the contestant and the basis, mailed by registered or certified mail, return receipt requested, to the principal place of administration or served as a summons — any other form of notice is not sufficient; a beneficiary of a trust determined invalid returns any distribution received.

Part 7: Office of Trustee

Utah Code § 75B-2-701 ↗ Accepting or declining trusteeship: A person designated as trustee accepts the trusteeship by substantially complying with a method of acceptance the terms provide or, where the terms provide none or the method is not expressly exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance; a designated trustee who has not accepted may reject, and one who does not accept within a reasonable time after knowing of the designation is considered to have rejected; without accepting, a designated person may act to preserve the trust property if within a reasonable time afterward the person sends a rejection to the settlor or, if the settlor is dead or lacks capacity, to a qualified beneficiary, and may inspect or investigate the property for environmental or other liability or any other purpose.
Utah Code § 75B-2-702 ↗ Trustee's bond: A trustee gives bond only if the court finds one needed to protect the beneficiaries' interests or the terms require it and the court has not dispensed with it; the court may set the amount, the liabilities and whether sureties are necessary, and may modify or terminate a bond; a regulated financial service institution qualified to do trust business need not give bond unless the terms require it; the cost of a bond is charged to the trust unless the court directs otherwise.
Utah Code § 75B-2-703 ↗ Cotrustees: Cotrustees unable to reach a unanimous decision may act by majority; the remaining cotrustees act for the trust when a vacancy occurs; subject to the directed-trust section on cotrustees, each cotrustee participates in a trustee's function unless unavailable through absence, illness, disqualification or other temporary incapacity, or the function was properly delegated to another trustee; where a cotrustee is unavailable, or fails or refuses to act after reasonable notice, and prompt action is necessary, the remaining cotrustee or a majority of them may act; a trustee may not delegate to a cotrustee a function the settlor intended the trustees to perform jointly, a delegation of investment functions by individual cotrustees to a regulated financial service institution is presumed to accord with the settlor's intent, and a revocable delegation may be revoked; a trustee who does not join in another trustee's action is not liable for it, but each trustee exercises reasonable care to prevent a cotrustee's serious breach and to compel its redress; a dissenting trustee who joins at the majority's direction after notifying a cotrustee of the dissent is not liable unless the action is a serious breach.
Utah Code § 75B-2-704 ↗ Vacancy in trusteeship -- Appointment of successor: A vacancy occurs when a designated trustee rejects, cannot be identified or does not exist, resigns, is disqualified or removed, dies, or has a guardian or conservator appointed unless the trust provides otherwise; it need not be filled while a cotrustee remains, and must be filled when no trustee remains — for a noncharitable trust by the person the terms designate as successor, then by a person the qualified beneficiaries unanimously agree on, then by the court; for a charitable trust by the designated successor, then by a person the designated charitable organizations select with the attorney general's concurrence, then by the court; whether or not a vacancy exists, the court may appoint an additional trustee or special fiduciary whenever necessary for the administration.
Utah Code § 75B-2-705 ↗ Resignation of trustee: A trustee may resign on at least 30 days' notice to the qualified beneficiaries, the settlor if living and all cotrustees, or with the court's approval; in approving a resignation the court may impose conditions reasonably necessary to protect the trust property; a resigning trustee's liability, and the sureties' on the bond, for the trustee's acts or omissions is not discharged or affected by the resignation.
Utah Code § 75B-2-706 ↗ Removal of trustee: The settlor, a cotrustee or a qualified beneficiary may ask the court to remove a trustee, or the court may act on its own; the court may remove a trustee who has committed a serious breach of trust, where a lack of cooperation among cotrustees substantially impairs the administration, where unfitness, unwillingness or persistent failure to administer effectively makes removal best serve the beneficiaries, or where a substantial change of circumstances or a request by all qualified beneficiaries makes removal best serve all the beneficiaries without inconsistency with a material purpose and a suitable cotrustee or successor is available; pending a decision, or instead of or beside removal, the court may order appropriate relief to protect the trust property or the beneficiaries' interests.
Utah Code § 75B-2-707 ↗ Delivery of property by former trustee: Unless a cotrustee remains or the court orders otherwise, and until the trust property is delivered to a successor trustee or another person entitled to it, a trustee who has resigned or been removed has a trustee's duties and the powers necessary to protect the property, and proceeds expeditiously to deliver the property in the trustee's possession to the cotrustee, the successor or the person entitled.
Utah Code § 75B-2-708 ↗ Compensation of trustee: If the terms of a trust do not specify the trustee's compensation, a trustee is entitled to compensation that is reasonable under the circumstances.
Utah Code § 75B-2-709 ↗ Reimbursement of expenses: A trustee is reimbursed from the trust property, with interest as appropriate, for expenses properly incurred in the administration and, to the extent necessary to prevent the trust's unjust enrichment, for expenses not properly incurred; an advance by the trustee of money for the trust's protection gives rise to a lien against the trust property to secure reimbursement with reasonable interest.

Part 8: Duties and Power of Trustee

Utah Code § 75B-2-801 ↗ Duty to administer trust: On accepting a trusteeship, the trustee administers the trust expeditiously and in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with the chapter.
Utah Code § 75B-2-802 ↗ Duty of loyalty: The trustee administers the trust solely in the interests of the beneficiaries; a sale, encumbrance or other transaction involving the investment or management of trust property entered into for the trustee's own account, or otherwise affected by a conflict between the trustee's fiduciary and personal interests, is voidable by an affected beneficiary unless the terms authorized it, the court approved it, the beneficiary's time to sue under section 75B-2-1005 passed, the beneficiary consented, ratified or released under section 75B-2-1009, or the trustee's contract or claim predates the trusteeship; a transaction with the trustee's spouse, descendants, siblings, parents or their spouses, with an agent of the trustee including an attorney, accountant or financial advisor, or with an enterprise in which the trustee or a person owning a significant interest in the trustee has an interest that might affect the trustee's judgment is presumed to be affected by a conflict; a transaction with a beneficiary not concerning trust property from which the trustee obtains an advantage is voidable unless fair; an opportunity properly belonging to the trust is a conflict; an investment in an investment company the trustee serves is not presumed conflicted if it complies with the prudent investor rule; the trustee votes shares and elects managers in the beneficiaries' best interests; and the section allows agreements on appointment or compensation, reasonable compensation, transactions between related fiduciary accounts, deposits in the trustee's own regulated institution, advances for the trust's protection, the retention of assets received from a trustor, acquiring an undivided interest the trustee holds in another capacity, borrowing and advancing, employing attorneys, auditors, investment advisers and agents even if associated with the trustee, and investments in government obligations through registered investment companies; the court may appoint a special fiduciary to decide a proposed transaction that might violate the section.
Utah Code § 75B-2-803 ↗ Impartiality: Where a trust has two or more beneficiaries, the trustee acts impartially in investing, managing and distributing the trust property, giving due regard to the beneficiaries' respective interests.
Utah Code § 75B-2-804 ↗ Prudent administration: The trustee administers the trust as a prudent person would, considering the purposes, terms, distributional requirements and other circumstances of the trust, and exercises reasonable care, skill and caution.
Utah Code § 75B-2-805 ↗ Costs of administration: In administering a trust the trustee may incur only costs that are reasonable in relation to the trust property, the purposes of the trust and the skills of the trustee.
Utah Code § 75B-2-806 ↗ Trustee's skills: A trustee named in reliance on the trustee's representation of special skills or expertise uses those special skills or expertise.
Utah Code § 75B-2-807 ↗ Control and protection of trust property: A trustee takes reasonable steps to take control of and protect the trust property.
Utah Code § 75B-2-808 ↗ Recordkeeping and identification of trust property: A trustee keeps adequate records of the administration, keeps trust property separate from the trustee's own, and causes the trust property to be designated so that the trust's interest, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary; a trustee who maintains records clearly indicating the respective interests may invest the property of two or more separate trusts as a whole.
Utah Code § 75B-2-809 ↗ Enforcement and defense of claims: A trustee takes reasonable steps to enforce claims of the trust and to defend claims against the trust.
Utah Code § 75B-2-810 ↗ Collecting trust property: A trustee takes reasonable steps to compel a former trustee or other person to deliver trust property to the trustee, and to redress a breach of trust the trustee knows a former trustee committed, unless the terms of the trust provide otherwise.
Utah Code § 75B-2-811 ↗ Duty to inform and report: Except to the extent the terms of the trust provide otherwise, the trustee keeps the qualified beneficiaries reasonably informed about the administration and the material facts necessary to protect their interests, and promptly responds to a qualified beneficiary's request for information related to the administration unless unreasonable under the circumstances; on a qualified beneficiary's request the trustee promptly furnishes a copy of the portions of the trust instrument which describe or affect the beneficiary's interest; within 60 days after accepting a trusteeship the trustee notifies the qualified beneficiaries of the acceptance and of the trustee's name, address and telephone number; within 60 days after acquiring knowledge of the creation of an irrevocable trust, or that a formerly revocable trust has become irrevocable — by the settlor's death or otherwise — the trustee notifies them of the trust's existence, the identity of the settlor or settlors, the right to request a copy of the trust instrument and the right to a trustee's report; the trustee notifies them in advance of any change in the method or rate of compensation; at least annually and at termination the trustee sends the qualified beneficiaries who request it a report of the trust property, liabilities, receipts and disbursements, including the amount of the trustee's compensation or a fee schedule or other writing showing how it was determined, a listing of the assets and, if feasible, their market values; on a vacancy with no cotrustee remaining the former trustee sends a report unless the terms provide otherwise, and a personal representative, conservator or guardian may send one for a deceased or incapacitated trustee; a qualified beneficiary may waive the report or other information and may withdraw the waiver as to future reports.
Utah Code § 75B-2-812 ↗ Discretionary powers -- Tax savings: However broad the discretion the terms grant — "absolute", "sole" or "uncontrolled" — the trustee exercises a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries; unless the terms expressly provide otherwise, a nonsettlor beneficiary-trustee may make discretionary distributions to or for the trustee's own benefit only under an ascertainable standard of health, education, support or maintenance, and a trustee may not use a discretionary power to satisfy the trustee's own legal obligation of support; a power so limited may be exercised by a majority of the remaining trustees or, where all are limited, by a special fiduciary the court appoints; the limits do not apply to a trustee-spouse of a marital-deduction trust, to a trust while it may be revoked or amended by its settlor, or to an annual-exclusion trust.
Utah Code § 75B-2-812.5 ↗ Discretionary power -- Decanting a trust: A trustee with discretion under the trust instrument to distribute income or principal to or for a beneficiary may distribute part or all of it to a second trust governed by a separate instrument, or modify the terms of the first trust's instrument, unless the first instrument expressly prohibits it; before exercising the power to modify the first instrument the trustee gives all beneficiaries written notice at least 20 days before; the trustee first determines whether the distribution or modification is necessary or desirable, weighing the first trust's purposes, the second trust's terms and the consequences; the second trust must have a beneficiary to whom the first trust's trustee may distribute now or in the future; a restricted trustee — a trustee who is also a beneficiary, or where a beneficiary holds a general power to change the trustees — may not use the power to benefit the restricted trustee outside an ascertainable health, education, maintenance or support standard, to increase distributions to a restricted trustee or such a beneficiary, or as the section's remaining limits provide, including limits on withdrawal rights, marital and charitable interests, powers of appointment and tax consequences.
Utah Code § 75B-2-813 ↗ General powers of trustee: Without court authorization a trustee may exercise the powers the terms confer and, except as the terms limit, all powers over the trust property that an unmarried competent owner has over individually owned property, any other powers appropriate to achieve the proper investment, management and distribution of the trust property, and any other powers the chapter confers; the exercise of a power is subject to the fiduciary duties of part 8.
Utah Code § 75B-2-814 ↗ Specific powers of trustee: Lists the trustee's specific powers, without limiting the general powers: to collect property and accept or reject additions; to acquire or sell property at public or private sale; to exchange, partition or change the character of property; to deposit money in a regulated financial service institution; to borrow and to mortgage or pledge; to continue a business and act as its owner; to exercise an owner's rights over securities; to improve, repair, develop or dedicate real property; to lease; to grant and acquire options; to insure; to abandon property of no value; to address environmental liability; to pay, contest, settle or release claims; to pay taxes, compensation and expenses; to make tax elections; to select payment modes under benefit plans and insurance; to lend to a beneficiary and pledge property to guarantee a beneficiary's loan; to appoint an ancillary trustee; to pay a distribution for a beneficiary under a disability to a conservator, guardian, custodian or caretaker; on distribution, division or termination to distribute in divided or undivided interests and allocate particular assets; to resolve disputes by mediation or arbitration; to prosecute or defend proceedings; to sign and deliver instruments; and on termination to wind up and distribute. The trustee may delegate investment and management functions a prudent trustee of comparable skills could properly delegate, exercising reasonable care, skill and caution in selecting the agent, setting the scope and terms of the delegation and periodically reviewing the agent's actions; the agent owes the trust a duty of reasonable care, and a trustee who complies is not liable for the agent's decisions.
Utah Code § 75B-2-815 ↗ Distribution upon termination: On a termination or partial termination the trustee may send the beneficiaries a proposal for distribution, and a beneficiary's right to object ends if the beneficiary does not notify the trustee of an objection within 30 days after the proposal was sent, but only if the proposal informed the beneficiary of the right to object and of the time allowed; on an event terminating or partially terminating the trust the trustee proceeds expeditiously to distribute the trust property to the persons entitled, subject to the right to retain a reasonable reserve for debts, expenses and taxes; a beneficiary's release of the trustee from liability for breach is invalid to the extent it was induced by the trustee's improper conduct or the beneficiary did not know or have reason to know of the beneficiary's rights or of the material facts.
Utah Code § 75B-2-816 ↗ Recitals when title to real property is in trust -- Failure: When title to real property is granted to a person as trustee, the terms of the trust may be given in the deed or in an instrument the grantor signs and records in the same office; where they are not made public that way, a conveyance from the trustee is absolute in favor of purchasers for value without notice of the terms; the recited terms include the trustee's name and address and the trust's name and date; real property titled in a trust with an asset-protection transfer restriction carries the words "asset protection trust" in the title.
Utah Code § 75B-2-817 ↗ Marital deduction formulas -- Trusts: For a decedent dying after December 31, 1981 whose trust, executed before September 13, 1981, gives the spouse the maximum marital deduction allowable by federal law, the formula is construed as the unlimited marital deduction of the Economic Recovery Tax Act of 1981, unless the trust indicates a contrary intention.

Part 9: Uniform Prudent Investor Act

Utah Code § 75B-2-901 ↗ Prudent investor rule: A trustee who invests and manages trust assets owes the beneficiaries a duty to comply with the chapter's prudent investor rule, and a trustee named for represented special skills uses them; the rule is a default the trust's provisions may expand, restrict, eliminate or otherwise alter, and a trustee is not liable to a beneficiary to the extent the trustee acted in reasonable reliance on the trust's provisions.
Utah Code § 75B-2-902 ↗ Standard of care -- Portfolio strategy -- Risk and return objectives: A trustee invests and manages trust assets as a prudent investor would, considering the trust's purposes, terms, distribution requirements and other circumstances, with reasonable care, skill and caution; decisions on individual assets are evaluated in the context of the whole portfolio and an overall strategy with risk and return objectives suited to the trust; the trustee considers general economic conditions, inflation or deflation, tax consequences, each investment's role in the portfolio, expected total return, the beneficiaries' other resources, needs for liquidity, regular income and preservation or appreciation of capital, and an asset's special relationship or value to the trust or a beneficiary; makes a reasonable effort to verify relevant facts; and may invest in any kind of property consistent with the chapter.
Utah Code § 75B-2-903 ↗ Diversification: A trustee diversifies the trust's investments unless the trustee reasonably determines that, because of special circumstances, the trust's purposes are better served without diversifying.
Utah Code § 75B-2-904 ↗ Duties at inception of trusteeship: Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee reviews the trust assets and makes and implements decisions on retaining and disposing of them, to bring the portfolio into compliance with the trust's purposes, terms, distribution requirements and other circumstances and with the chapter.
Utah Code § 75B-2-905 ↗ Reviewing compliance: Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of the trustee's decision or action, not by hindsight; the rule requires no specific investment outcome.
Utah Code § 75B-2-906 ↗ Investment direction: An investment direction is one binding on the trustee to retain, purchase, sell, exchange, tender or otherwise transact in an investment; while a trust is revocable the trustee may follow any investment direction of the settlor, even one manifestly contrary to the terms or a serious breach of duty, without liability for the resulting loss; where the terms authorize a person to give investment direction, that person is presumptively a fiduciary for the direction, acts in good faith toward the trust's purposes and the beneficiaries' interests and is liable for loss from a breach, and the trustee who follows the direction is not liable except for willful misconduct or gross negligence; where the terms require another person's approval or consent to an investment decision, that person is presumptively a fiduciary and liable for a breach, and the trustee is not liable for an act not taken because the person failed to respond, except for willful misconduct or gross negligence.
Utah Code § 75B-2-907 ↗ Language invoking standard of chapter: Terms in a trust such as "investments permissible by law for investment of trust funds", "legal investments", "authorized investments", the prudent-person formula, "prudent man rule", "prudent trustee rule", "prudent person rule" and "prudent investor rule" authorize any investment or strategy the chapter permits, unless otherwise limited or modified.

Part 10: Liability of Trustees and Rights of Persons Dealing with Trustee

Utah Code § 75B-2-1001 ↗ Remedies for breach of trust: A trustee's violation of a duty owed to a beneficiary is a breach of trust; to remedy a breach that has occurred or may occur, the court may compel the trustee to perform the duties, enjoin a breach, compel redress by paying money, restoring property or other means, order an account, appoint a special fiduciary to take possession of the property and administer the trust, suspend or remove the trustee, reduce or deny compensation, void an act of the trustee, impose a lien or constructive trust or trace and recover property wrongfully disposed of, or order any other appropriate relief.
Utah Code § 75B-2-1002 ↗ Damages for breach of trust: A trustee who commits a breach of trust is liable to the affected beneficiaries for the greater of the amount required to restore the value of the trust property and distributions to what they would have been without the breach and the profit the trustee made by reason of it; where more than one trustee is liable, a trustee is entitled to contribution from the others unless substantially more at fault, acting in bad faith or with reckless indifference, or to the extent of a benefit the trustee received.
Utah Code § 75B-2-1003 ↗ Damages in absence of breach: A trustee is accountable to an affected beneficiary for any profit made from the administration even absent a breach of trust; absent a breach, a trustee is not liable for a loss or depreciation in the value of trust property or for not having made a profit.
Utah Code § 75B-2-1004 ↗ Attorney's fees and costs: In a judicial proceeding involving the administration of a trust the court may, as justice and equity require, award costs and expenses, including reasonable attorney's fees, to any party, paid by another party or from the trust; a trustee who defends or prosecutes a proceeding in good faith, whether successful or not, receives from the trust the necessary expenses and disbursements, including reasonable attorney's fees.
Utah Code § 75B-2-1005 ↗ Limitation of action against trustee: A beneficiary may not commence a proceeding against a trustee for breach of trust more than six months after the date the beneficiary, or a person who may represent and bind the beneficiary, was sent a report that adequately disclosed the existence of a potential claim for breach and informed the beneficiary of the time allowed for commencing a proceeding; a report adequately discloses a potential claim if it provides sufficient information so that the beneficiary or representative knows of the claim or should have inquired into its existence; where that rule does not apply, a proceeding must be commenced within one year after the first of the trustee's removal, resignation or death, the termination of the beneficiary's interest and the termination of the trust; the section does not preclude an action to recover for fraud or misrepresentation related to the report.
Utah Code § 75B-2-1006 ↗ Reliance on trust instrument: A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.
Utah Code § 75B-2-1007 ↗ Event affecting administration or distribution: Where an event — marriage, divorce, the performance of educational requirements, death — affects the administration or distribution of a trust, the trustee is not liable for a loss resulting from the trustee's lack of knowledge or notice of it.
Utah Code § 75B-2-1008 ↗ Exculpation of trustee: A term relieving a trustee of liability for breach of trust is unenforceable to the extent it relieves the trustee of liability for a breach committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries, or was inserted by the trustee or fiduciary without disclosure of its existence and contents.
Utah Code § 75B-2-1009 ↗ Beneficiary's consent, release, or ratification: A trustee is not liable to a beneficiary for breach of trust where the beneficiary, while having capacity, consented to the conduct, released the trustee from liability or ratified the transaction — unless at the time the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.
Utah Code § 75B-2-1010 ↗ Limitation on personal liability of trustee: A trustee is not personally liable on a contract properly entered into in a fiduciary capacity in the course of the administration if the contract disclosed the fiduciary capacity, unless the contract provides otherwise; a trustee is personally liable for torts committed in the administration, or for obligations arising from ownership or control of trust property including environmental violations, only if personally at fault; such a claim may be asserted against the trustee in the fiduciary capacity whether or not the trustee is personally liable, and liability as between the trust estate and the trustee may be determined in an accounting, surcharge or indemnification proceeding; where the instrument reserves to the settlor, an advisory or investment committee, one or more cotrustees or another person the authority to direct an investment, the excluded trustee is not liable for a loss from following the direction; absent actual knowledge or information that would cause a reasonable trustee to inquire further, a trustee is not liable for failing to compel redress of a predecessor fiduciary's breach — without limiting the trustee's liability for the trustee's own acts.
Utah Code § 75B-2-1011 ↗ Interest as general partner: A trustee who holds an interest as a general partner is not personally liable on a partnership contract entered into after the trust acquired the interest if the fiduciary capacity was disclosed in the contract or a previously filed statement, nor for the partnership's torts or obligations of ownership unless personally at fault — immunities that do not apply where the trustee, the trustee's spouse, descendants, siblings or parents or their spouses hold a partnership interest in another capacity; where the trustee of a revocable trust holds a general partner's interest, the settlor is personally liable as if a general partner.
Utah Code § 75B-2-1012 ↗ Protection of person dealing with trustee: A person other than a beneficiary who in good faith assists a trustee, or deals with one for value, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected as if the power were properly exercised, need not inquire into the extent of the powers or the propriety of their exercise, and need not ensure the proper application of assets delivered; the same protection covers good-faith dealings with a former trustee without knowledge that the trusteeship ended; comparable protections of commercial and securities law prevail.
Utah Code § 75B-2-1013 ↗ Certification of trust: Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish a certification of trust stating that the trust exists and the date the instrument was executed, the identity of the settlor, the identity and address of the currently acting trustee, the trustee's powers in the pending transaction, whether the trust is revocable or irrevocable and who holds a power to revoke, the authority of cotrustees to sign or otherwise authenticate and whether all or fewer than all are required, and the name in which title to trust property may be taken; any trustee may sign or otherwise authenticate it; it states that the trust has not been revoked, modified or amended in any manner that would make its representations incorrect; it need not contain the dispositive terms; a recipient may require the excerpts that designate the trustee and confer the power to act in the pending transaction; a person who relies on a certification without knowledge that it is incorrect is not liable and may assume the facts it states, and one who in good faith transacts in reliance may enforce the transaction against the trust property; a person who demands the trust instrument beyond a certification or excerpts without good faith is liable for costs, expenses, attorney fees and damages; the section does not limit a person's right to the instrument in a judicial proceeding.

Part 11: Applicability Provisions

Utah Code § 75B-2-1101 ↗ Uniformity of application and construction: In applying and construing the chapter, consideration is given to the need to promote uniformity of the law on its subject among the states that enact it.
Utah Code § 75B-2-1102 ↗ Electronic records and signatures: The chapter's provisions on the legal effect, validity and enforceability of electronic records and signatures, and of contracts formed or performed with them, conform to section 102 of the federal Electronic Signatures in Global and National Commerce Act and supersede, modify and limit its requirements.
Utah Code § 75B-2-1103 ↗ Application to existing relationships: Except as otherwise provided, the chapter applies to all trusts created before, on or after July 1, 2004 and to all judicial proceedings concerning trusts commenced on or after that date — and to proceedings commenced before it unless the court finds that a particular provision would substantially interfere with the proceedings or prejudice the parties; its rules of construction and presumptions apply to instruments executed before July 1, 2004 unless the terms clearly indicate a contrary intent; an act done before that date is not affected; and a period that had begun to run under another statute before that date keeps running under it.

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