Title 4 — Title 4 — Trusts
10 chapters · 201 sections in this title.
W.S. § 4-8-108 Repealed By Laws 2003, Ch
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Repealed By Laws 2003, Ch. 124, § 3.
W.S. § 4-8-109 Repealed By Laws 2003, Ch
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Repealed By Laws 2003, Ch. 124, § 3.
W.S. § 4-8-110 Repealed By Laws 2003, Ch
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Repealed By Laws 2003, Ch. 124, § 3.
W.S. § 4-8-111 Repealed By Laws 2003, Ch
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Repealed By Laws 2003, Ch. 124, § 3.
W.S. § 4-8-112 Repealed By Laws 2003, Ch
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Repealed By Laws 2003, Ch. 124, § 3.
W.S. § 4-9-101 Repealed By Laws 2003, Ch
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Repealed By Laws 2003, Ch. 124, § 3.
W.S. § 4-9-102 Repealed By Laws 2003, Ch
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Repealed By Laws 2003, Ch. 124, § 3.
W.S. § 4-9-103 Repealed By Laws 2003, Ch
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Repealed By Laws 2003, Ch. 124, § 3.
W.S. § 4-9-104 Repealed By Laws 2003, Ch
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Repealed By Laws 2003, Ch. 124, § 3.
W.S. § 4-9-105 Repealed By Laws 2003, Ch
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Repealed By Laws 2003, Ch. 124, § 3.
W.S. § 4-9-106 Repealed By Laws 2003, Ch
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Repealed By Laws 2003, Ch. 124, § 3.
W.S. § 4-9-107 Repealed By Laws 2003, Ch
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Repealed By Laws 2003, Ch. 124, § 3.
W.S. § 4-9-108 Repealed By Laws 2003, Ch
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Repealed By Laws 2003, Ch. 124, § 3.
W.S. § 4-9-109 Repealed By Laws 2003, Ch
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Repealed By Laws 2003, Ch. 124, § 3.
W.S. § 4-9-110 Repealed By Laws 2003, Ch
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Repealed By Laws 2003, Ch. 124, § 3.
W.S. § 4-9-111 Repealed by Laws 2003, Chapter 124, § 3
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Repealed by Laws 2003, Chapter 124, § 3.
W.S. § 4-9-112 Repealed By Laws 2003, Ch
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Repealed By Laws 2003, Ch. 124, § 3.
W.S. § 4-9-113 Repealed By Laws 2003, Ch
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Repealed By Laws 2003, Ch. 124, § 3.
W.S. § 4-10-101 Short title
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Short title. This act may be cited as the Uniform Trust Code.
W.S. § 4-10-102 Scope
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Scope. This act applies to charitable or noncharitable express trusts and trusts created pursuant to a statute, judgment or decree that requires the trust to be administered in the manner of an express trust.
W.S. § 4-10-103 (a) Definitions
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(a) Definitions. As used in this act: (i) "Action," with respect to an act of a trustee, includes a failure to act; (ii) "Beneficiary" means a person that: (A) Has a present or future beneficial interest in a trust, vested or contingent; or (B) In a capacity other than that of tr…
W.S. § 4-10-104 Knowledge
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Knowledge. (a) Subject to subsection (b) of this section, a person has knowledge of a fact if the person: (i) Has actual knowledge of it; (ii) Has received a notice or notification of it; or (iii) From all the facts and circumstances known to the person at the time in question, h…
W.S. § 4-10-105 Default and mandatory rules
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Default and mandatory rules. (a) Except as otherwise provided in the terms of the trust, this act governs the duties and powers of a trustee, relations among trustees and the rights and interests of a beneficiary. (b) The terms of a trust shall prevail over any provision of this …
W.S. § 4-10-106 Common law of trusts; principles of equity
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Common law of trusts; principles of equity. The common law of trusts and principles of equity supplement this act, except to the extent modified by this act or another statute of this state. When interpreting article 5 of this act, the court shall first use the law of this state,…
W.S. § 4-10-107 Governing law
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Governing law. (a) The meaning and effect of the terms of a trust are determined by: (i) The law of the jurisdiction designated in the terms of the trust; or (ii) In the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most si…
W.S. § 4-10-108 Principal place of administration; governing law for administering trusts
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Principal place of administration; governing law for administering trusts. (a) Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if…
W.S. § 4-10-109 Methods and waiver of notice
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Methods and waiver of notice. (a) Notice to a person under this act or the sending of a document to a person under this act shall be accomplished in a manner reasonably suitable under the circumstances and that results in receipt of the notice or document. Permissible methods of …
W.S. § 4-10-110 Others treated as qualified beneficiaries
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Others treated as qualified beneficiaries. (a) Whenever notice to qualified beneficiaries of a trust is required under this act before the death of the settlor, the trustee may give notice to any beneficiary from whom the trustee has received a written request for notice if the t…
W.S. § 4-10-111 Nonjudicial settlement agreements
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Nonjudicial settlement agreements. (a) For purposes of this section, "interested persons" means a qualified beneficiary, the settlor, if living, the trustee and trust protector, if any. (b) Except as otherwise provided in subsection (c) of this section, interested persons may ent…
W.S. § 4-10-112 Insurable interest of trustee
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Insurable interest of trustee. (a) A trustee of a trust has an insurable interest in the life of an individual insured under a life insurance policy that is owned by the trustee of the trust acting in a fiduciary capacity or that designates the trust itself as the owner if, on th…
W.S. § 4-10-201 Role of court in administration of trust
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Role of court in administration of trust. (a) The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law. (b) A trust is not subject to continuing judicial supervision unless ordered by the cour…
W.S. § 4-10-202 Jurisdiction over fiduciary and beneficiary
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Jurisdiction over fiduciary and beneficiary. (a) By becoming a fiduciary of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, all trust fiduciaries submit personally to the jurisdiction of the cour…
W.S. § 4-10-203 Subject matter jurisdiction
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Subject matter jurisdiction. (a) The district court and the chancery court, to the extent not inconsistent with W.S. 5-13-115, have exclusive jurisdiction of proceedings in this state brought by a trustee, trust protector, trust advisor or beneficiary concerning the administratio…
W.S. § 4-10-204 Venue
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Venue. (a) Except as otherwise provided in subsections (b) and (c) of this section, venue for a judicial proceeding involving a trust is in the county of this state in which the trust's principal place of administration is or will be located and, if the trust is created by will a…
W.S. § 4-10-205 Sealing and availability of documents
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Sealing and availability of documents. The privacy of those who have established a trust shall be protected in any judicial proceeding concerning the trust. Upon the filing of any petition, the trust instrument, inventory, statement filed by any fiduciary, annual verified report …
W.S. § 4-10-301 Representation; basic effect
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Representation; basic effect. (a) Notice to a person who may represent and bind another person under this article has the same effect as if notice were given directly to the other person. (b) The consent of a person who may represent and bind another person under this article is …
W.S. § 4-10-302 appointment
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appointment. Representation by holder of a power of The holder of a power of appointment may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power.
W.S. § 4-10-303 Representation by fiduciaries and parents
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Representation by fiduciaries and parents. (a) To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute: (i) A conservator may represent and bind the esta…
W.S. § 4-10-304 Representation by person having substantially identical interest
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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 having a sub…
W.S. § 4-10-305 Appointment of representative
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Appointment of representative. (a) If the court determines that an interest is not represented under this article, or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent and otherwise represent, b…
W.S. § 4-10-401 (a) Methods of creating trust
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(a) Methods of creating trust. A trust may be created by: (i) Transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death; (ii) Declaration by the owner of property that the owner holds ide…
W.S. § 4-10-402 (a) Title of trust property
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(a) Title of trust property. Property transferred to a trust shall be titled: (i) 34-2-122; and (ii) If it is real property, in accordance with W.S. If it is personal property, in: (A) The name of the current trustee as the trustee of such trust; such trust; (B) The name of "the …
W.S. § 4-10-403 (a) trust; Requirements for creation
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(a) trust; Requirements for creation. A trust is created only if: (i) The settlor has capacity to create a trust; (ii) The settlor indicates an intention to create the (iii) The trust has a definite beneficiary or is: (A) A charitable trust; (B) A trust for the care of an animal,…
W.S. § 4-10-404 Trusts created in other jurisdictions
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Trusts created in other jurisdictions. (a) A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed, or the law of the jurisdiction in which, at the time of creation: (i) The settlor was do…
W.S. § 4-10-405 A trustee was domiciled or had a place of Any trust property was located
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A trustee was domiciled or had a place of Any trust property was located. Trust purposes. A trust may be created only to the extent its purposes are lawful, not contrary to public policy, and possible to achieve. A trust and its terms shall be for the benefit of its beneficiaries…
W.S. § 4-10-406 Charitable purposes; enforcement
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Charitable purposes; enforcement. (a) 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 the achievement of which is beneficial to the community. (b)…
W.S. § 4-10-407 Creation of trust induced by fraud, duress or undue influence
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Creation of trust induced by fraud, duress or undue influence. Subject to the rights of persons dealing with a fiduciary as provided in W.S. 4-10-1013, a trust is void to the extent its creation was induced by fraud, duress or undue influence.
W.S. § 4-10-408 Evidence of oral trust
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Evidence of oral trust. Except as required by a statute other than this act, 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.
W.S. § 4-10-409 Trust for care of animal
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Trust for care of animal. (a) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one (1) animal alive during the settl…
W.S. § 4-10-410 beneficiary
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beneficiary. Noncharitable trust without ascertainable (a) Except as otherwise provided in W.S. 4-10-409 or by another statute, the following rules apply: (i) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a no…