Title 2, Title 2 — Wills, Decedents' Estates And Probate Code
18 chapters · 432 sections in this title.
W.S. § 2-3-902 Definitions
2.3K chars
Definitions. (a) As used in this act: (i) "Beneficiary" means a person as defined in W.S. 2-3-802(a)(ii); (ii) "Disinterested person" means a person who is not a "related or subordinate party" as defined in § 672(c) of the Internal Revenue Code, with respect to the person then ac…
W.S. § 2-3-903 Unitrust election by trustee; requirements to make unitrust election
3.5K chars
Unitrust election by trustee; requirements to make unitrust election. (a) A trustee, other than an interested trustee, or where two (2) or more persons are acting as trustees, a majority of the trustees who are not interested trustees may, in its sole discretion and without the a…
W.S. § 2-3-904 Unitrust election where there is no trustee other than an interested trustee; requirements to make unitrust election
1.2K chars
Unitrust election where there is no trustee other than an interested trustee; requirements to make unitrust election. (a) If there is no trustee of the trust other than an interested trustee, the interested trustee, or where two (2) or more persons are acting as trustees and are …
W.S. § 2-3-905 Unitrust election by beneficiary; ability to request trustee action
0.7K chars
Unitrust election by beneficiary; ability to request trustee action. (a) A beneficiary, who is receiving, or is entitled to receive, income under the trust or to receive a distribution of principal if the trust were terminated, may: (i) Submit to the trustee a written request to …
W.S. § 2-3-906 Settlor created unitrust
0.4K chars
Settlor created unitrust. A settlor may create a trust instrument with terms providing that the trust shall be administered as a total return unitrust under this act. A settlor may also create a trust instrument with terms providing that the trust may be administered as either an…
W.S. § 2-3-907 Valuations
1.5K chars
Valuations. (a) The fair market value of a trust subject to this act shall be determined, at least annually, using a valuation date or dates or averages of valuation dates as are deemed appropriate except that: (i) The trustee shall not include in the fair market value the value …
W.S. § 2-3-908 Unitrust percentages
0.5K chars
Unitrust percentages. The percentage to be used in determining the unitrust amount shall be a reasonable current return from the trust, in any event not less than three percent (3%) nor more than five percent (5%), taking into account the intentions of the settlor of the trust as…
W.S. § 2-3-909 Treatment and allocation of income
1.2K chars
Treatment and allocation of income. (a) Following the conversion of an income trust to a total return unitrust or upon creation of a total return unitrust by a settlor, the trustee: (i) Shall treat the unitrust amount as net income of the trust for purposes of determining the amo…
W.S. § 2-3-910 Administration
0.7K chars
Administration. (a) In administering a total return unitrust, the trustee may, in its sole discretion, but subject to the provisions of the governing instrument, determine: (i) The effective date of the conversion; (ii) The timing of distributions, including provisions for prorat…
W.S. § 2-3-911 Treatment of underpayments or overpayments
0.5K chars
Treatment of underpayments or overpayments. In the event of an underpayment to a beneficiary, the trustee shall pay to a beneficiary within a reasonable time, and in the event of an overpayment to a beneficiary, the trustee shall recover from the beneficiary either by repayment b…
W.S. § 2-3-912 Effect of conversion on governing instrument
0.2K chars
Effect of conversion on governing instrument. Conversion to a total return unitrust under the provisions of this act shall not affect any other provision of the governing instrument, if any, regarding distributions of principal.
W.S. § 2-3-913 Situs
0.6K chars
Situs. (a) This act shall be construed as pertaining to the administration of a trust and shall be available to any trust that is administered in Wyoming under Wyoming law unless: (i) The governing instrument reflects an intention that the beneficiary or beneficiaries are to rece…
W.S. § 2-3-914 Trustee's liability
0.7K chars
Trustee's liability. Any trustee or disinterested person who in good faith takes or fails to take any action under this act shall not be liable to any person affected by the action or inaction, regardless of whether the person received written notice as provided in this act and r…
W.S. § 2-3-915 Judicial control of discretionary powers
1.1K chars
Judicial control of discretionary powers. (a) A court shall not change a trustee's decision to exercise or not to exercise a discretionary power conferred by this act unless it determines that the decision was an abuse of the trustee's discretion. A court shall not determine that…
W.S. § 2-3-916 Limitation of election
0.2K chars
Limitation of election. An action shall not be taken under W.S. 2-3-903, 2-3-904 or 2-3-905 more frequently than every two (2) years, unless the district court orders otherwise.
W.S. § 2-3-917 Application
0.2K chars
Application. This act applies to every trust or decedent's estate existing on July 1, 2007 or created thereafter except as otherwise expressly provided in the will or terms of the trust or in this act.
W.S. § 2-3-1001 Uniform Fiduciary Access to Digital Assets Act; short title
0.2K chars
Uniform Fiduciary Access to Digital Assets Act; short title. This act shall be known and may be cited as the "Uniform Fiduciary Access to Digital Assets Act."
W.S. § 2-3-1002 Definitions
3.9K chars
Definitions. (a) As used in this act: (i) "Account" means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of a user or provides goods or services to a user; (ii) "Agent" means an attorney in …
W.S. § 2-3-1003 Applicability
0.8K chars
Applicability. (a) This act applies to: (i) A fiduciary acting under a will, power of attorney or other authorization to act as a fiduciary with respect to the digital assets of a user entered or executed before, on or after July 1, 2016; (ii) A personal representative acting for…
W.S. § 2-3-1004 User direction for disclosure of digital assets
1.2K chars
User direction for disclosure of digital assets. (a) A user may use an online tool to direct a custodian to disclose or not to disclose to a designated recipient some or all of the user's digital assets, including the content of electronic communications sent or received by the u…
W.S. § 2-3-1005 Terms of service agreement
0.6K chars
Terms of service agreement. (a) This act does not change or impair a right of a custodian or a user under a terms of service agreement to access and use digital assets of the user. (b) This act does not give a fiduciary or designated recipient new or expanded rights other than th…
W.S. § 2-3-1006 Procedure for disclosing digital assets
1.7K chars
Procedure for disclosing digital assets. (a) When disclosing digital assets of a user under this act, a custodian may: (i) Grant a fiduciary or designated recipient full access to the user's account; (ii) Grant a fiduciary or designated recipient partial access to the user's acco…
W.S. § 2-3-1007 Disclosure of the content of electronic communications of a deceased user
1.9K chars
Disclosure of the content of electronic communications of a deceased user. (a) A custodian shall disclose to a personal representative of the estate of a deceased user the content of electronic communications sent or received by the user if the user directed disclosure as specifi…
W.S. § 2-3-1008 Disclosure of other digital assets of a deceased user
1.3K chars
Disclosure of other digital assets of a deceased user. (a) Unless otherwise directed by a court order or a user as specified in W.S. 2-3-1004, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent …
W.S. § 2-3-1009 Disclosure of content of electronic communications of a principal
1.0K chars
Disclosure of content of electronic communications of a principal. (a) To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by a principal and unless otherwise directed by a court order or the princip…
W.S. § 2-3-1010 Disclosure of other digital assets of a principal
1.0K chars
Disclosure of other digital assets of a principal. (a) Unless otherwise directed by a court order, a principal as specified in W.S. 2-3-1004 or a power of attorney, a custodian shall disclose to an agent a catalogue of electronic communications sent or received by the principal a…
W.S. § 2-3-1011 Disclosure of digital assets held in trust when trustee is original user
0.5K chars
Disclosure of digital assets held in trust when trustee is original user. Unless otherwise directed by a court order or a trust, a custodian shall disclose to a trustee who is an original user of an account of the trust digital assets of the account, including a catalogue of elec…
W.S. § 2-3-1012 Disclosure of the content of electronic communications held in trust when trustee not original user
1.1K chars
Disclosure of the content of electronic communications held in trust when trustee not original user. (a) Unless otherwise directed by a court order, a user as specified in W.S. 2-3-1004 or a trust, a custodian shall disclose to a trustee who is not an original user of an account …
W.S. § 2-3-1013 Disclosure of other digital assets held in trust when trustee not original user
1.2K chars
Disclosure of other digital assets held in trust when trustee not original user. (a) Unless otherwise directed by a court order, a user as specified in W.S. 2-3-1004 or a trust, a custodian shall disclose to a trustee who is not an original user of an account of a trust a catalog…
W.S. § 2-3-1014 Disclosure of digital assets to conservator of a ward
1.4K chars
Disclosure of digital assets to conservator of a ward. (a) After an opportunity for a hearing under title 3, chapter 2 of the Wyoming statutes, the court may grant a conservator access to the digital assets of a ward. (b) Unless otherwise directed by a court order or a user as sp…
W.S. § 2-3-1015 Fiduciary duty and authority
2.7K chars
Fiduciary duty and authority. (a) The legal duties imposed on a fiduciary charged with managing tangible, personal property of a decedent, ward, principal or settlor apply to the management of digital assets, including the duty of care, loyalty and confidentiality. (b) A fiduciar…
W.S. § 2-3-1016 Custodian compliance and immunity
1.8K chars
Custodian compliance and immunity. (a) Not later than sixty (60) days after receipt of the information required under W.S. 2-3-1007 through 2-3-1015, a custodian shall comply with a request from a fiduciary or designated recipient under this act to disclose digital assets or term…
W.S. § 2-3-1017 Relation to Electronic Signatures in Global and National Commerce Act
0.5K chars
Relation to Electronic Signatures in Global and National Commerce Act. This act modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, section 7001 et seq. of title 15 of the United States Code, as amended, but does not modify, limit or supe…