WyomingSF 972025 General SessionSenate

AN ACT relating to the uniform trust code; clarifying the definition of "qualified trustee"; specifying who is required to receive notice for judicial proceedings related to trusts; specifying that no rule of perpetuities applies to noncharitable purpose trusts; specifying when a trustee can reimburse a person for certain tax costs attributable to the trust; specifying applicability; and providing for an effective date.

Sponsored By: Cale Case (Republican)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 2 costs, 0 mixed.

Trust owners can receive tax reimbursements

Beginning July 1, 2025, these rules cover trusts created or becoming subject to Wyoming’s Uniform Trust Code from that date. Trustees can pay or reimburse personal income taxes for people treated as owners of all or part of a trust. Payments cover taxes tied to trust income, capital gains, deductions, or credits. Payment is optional, and trust terms can block it. The trustee making payment cannot be the trust’s creator or someone related or subordinate to the creator under federal tax law. An independent trustee can permanently opt out in writing. Using this power does not make the creator a beneficiary or put trust property in the creator’s taxable estate. It also does not let the creator’s creditors compel or seize the payment. Trustees can make federal, state, and local tax elections. Each trust tax year, they can decide whether principal distributions include net realized capital gains and losses when calculating distributable net income. Tax reimbursements and distributions into another trust must preserve claimed federal transfer-tax benefits, including marital and charitable deductions. A trustee distributing assets into another trust cannot change their own beneficiary interest. Trustees are not liable for using these powers in good faith.

Longer-lasting trusts for noncharitable purposes

Beginning July 1, 2025, these rules cover trusts created or becoming subject to Wyoming’s Uniform Trust Code from that date. Common-law rules limiting trust duration do not apply to covered noncharitable purpose trusts. Other common-law rules against perpetuities also do not apply. These rules no longer limit how long such trusts can continue.

Narrower notice rights in trust cases

Beginning July 1, 2025, these rules cover trusts created or becoming subject to Wyoming’s Uniform Trust Code from that date. Notice of trust-related court proceedings is required only for people meeting Wyoming law’s definition of an interested person. People outside that definition are not entitled to notice under this rule.

Tighter rules for qualified Wyoming trustees

Beginning July 1, 2025, these rules cover trusts created or becoming subject to Wyoming’s Uniform Trust Code from that date. Qualified trustees must be authorized under Wyoming law or be regulated financial institutions conducting at least one activity in Wyoming. Nonresident individuals and entities outside those authorized or regulated categories cannot qualify. The trust’s creator cannot serve directly as a qualified trustee. The creator can act through an entity only when independent people must approve its discretionary distributions. Those people must be disinterested and neither related nor subordinate to the creator under federal tax law.

Sponsors & Cosponsors

Sponsor

  • Cale Case

    Republican • Senate

Cosponsors

  • Martha Lawley

    Republican • House

  • Tara Nethercott

    Republican • Senate

  • Jared Olsen

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 102 • No: 0

House vote • 3/3/2025

H 3rd Reading:Passed 60-0-2-0-0

Yes: 60 • No: 0

House vote • 2/24/2025

H09 - Minerals:Recommend Do Pass 8-0-1-0-0

Yes: 8 • No: 0

Senate vote • 2/3/2025

S 3rd Reading:Passed 31-0-0-0-0

Yes: 31 • No: 0

Senate vote • 1/27/2025

S09 - Minerals:Recommend Do Pass 3-0-2-0-0

Yes: 3 • No: 0

Actions Timeline

  1. Assigned Chapter Number 115

    3/5/2025
  2. Governor Signed SEA No. 0066

    3/5/2025Governor
  3. H Speaker Signed SEA No. 0066

    3/3/2025House
  4. S President Signed SEA No. 0066

    3/3/2025Senate
  5. Assigned Number SEA No. 0066

    3/3/2025
  6. H 3rd Reading:Passed 60-0-2-0-0

    3/3/2025House
  7. H 2nd Reading:Passed

    2/28/2025House
  8. H COW:Passed

    2/27/2025House
  9. H Placed on General File

    2/24/2025House
  10. H09 - Minerals:Recommend Do Pass 8-0-1-0-0

    2/24/2025House
  11. H Introduced and Referred to H09 - Minerals

    2/18/2025House
  12. H Received for Introduction

    2/3/2025House
  13. S 3rd Reading:Passed 31-0-0-0-0

    2/3/2025Senate
  14. S 2nd Reading:Passed

    1/31/2025Senate
  15. S COW:Passed

    1/30/2025Senate
  16. S Placed on General File

    1/27/2025Senate
  17. S09 - Minerals:Recommend Do Pass 3-0-2-0-0

    1/27/2025Senate
  18. S Introduced and Referred to S09 - Minerals

    1/22/2025Senate
  19. S Received for Introduction

    1/10/2025Senate
  20. Bill Number Assigned

    1/8/2025

Bill Text

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