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Settling by agreement
Interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust — 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 — valid to the extent it does not violate a material purpose of the trust and includes terms the court could properly approve (Utah Code § 75B-2-110). Any interested person may ask the court to approve it and to determine whether the representation of minors, unborn or unascertained beneficiaries was adequate (§ 75B-2-301 through § 75B-2-305).
The district court
The district court has exclusive jurisdiction over proceedings an interested party initiates concerning the internal affairs of a trust — administration and distribution, the appointment or removal of a trustee, the review of fees and accounts, instructions to the trustee and the determination of any question in the administration (Utah Code § 75B-2-201); venue is the county of the trust's principal place of administration (§ 75B-2-205). A contested matter arising under Title 75B is a probate dispute under Utah R. Civ. P. 26.4: the petitioner is treated as plaintiff and an objecting party as defendant for discovery, a written objection states its grounds and is mailed to the interested persons, and the party holding a document that purports to nominate a trustee after death serves copies within 14 days after the objection.
Remedies, fees and the time limits
To remedy a breach of trust the court may compel the trustee to perform the duties, enjoin a breach, compel redress, order an account, appoint a special fiduciary, suspend or remove the trustee, reduce or deny compensation, void an act, impose a lien or constructive trust or order any other appropriate relief (Utah Code § 75B-2-1001); the trustee is liable for the greater of the loss and the trustee's profit (§ 75B-2-1002). In a proceeding involving the administration of a trust the court may award costs and reasonable attorney's fees to any party, paid by another party or from the trust, as justice and equity require, and a trustee who defends in good faith is reimbursed (§ 75B-2-1004). A beneficiary's proceeding is commenced within six months after an adequately disclosing report, or within one year after the trustee's departure or the trust's end (§ 75B-2-1005); the settlor, a cotrustee or a qualified beneficiary may ask the court to remove a trustee (§ 75B-2-706).
The statutes, verbatim
Remedies for breach of trust
Utah Code § 75B-2-1001 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Limitation of action against trustee
Utah Code § 75B-2-1005 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Nonjudicial settlement agreements
Utah Code § 75B-2-110 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Removal of trustee
Utah Code § 75B-2-706 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Common questions
Can Utah beneficiaries settle a trust dispute without court?
Yes. Interested persons may enter into a binding nonjudicial settlement agreement on any matter involving a trust, valid to the extent it does not violate a material purpose and includes terms the court could properly approve (Utah Code § 75B-2-110).
Which Utah court hears a trust dispute?
The district court, which has exclusive jurisdiction over proceedings concerning a trust's internal affairs (Utah Code § 75B-2-201), in the county of the trust's principal place of administration (§ 75B-2-205); a contested matter follows the probate dispute rules of Utah R. Civ. P. 26.4.
Who pays the attorney's fees in a Utah trust dispute?
The court may award costs and reasonable attorney's fees to any party, paid by another party or from the trust, as justice and equity require; a trustee who defends or prosecutes a proceeding in good faith receives the necessary expenses from the trust (Utah Code § 75B-2-1004).
Related reading
The Learning Center is general information about Utah law — not legal advice, and not a substitute for advice from a licensed Utah attorney about your specific facts. TrusteeClear is software, not a law firm.
Frequently asked questions
- Can Utah beneficiaries settle a trust dispute without court?
- Yes. Interested persons may enter into a binding nonjudicial settlement agreement on any matter involving a trust, valid to the extent it does not violate a material purpose and includes terms the court could properly approve (Utah Code § 75B-2-110).
- Which Utah court hears a trust dispute?
- The district court, which has exclusive jurisdiction over proceedings concerning a trust's internal affairs (Utah Code § 75B-2-201), in the county of the trust's principal place of administration (§ 75B-2-205); a contested matter follows the probate dispute rules of Utah R. Civ. P. 26.4.
- Who pays the attorney's fees in a Utah trust dispute?
- The court may award costs and reasonable attorney's fees to any party, paid by another party or from the trust, as justice and equity require; a trustee who defends or prosecutes a proceeding in good faith receives the necessary expenses from the trust (Utah Code § 75B-2-1004).
General information about Utah law, not legal advice.