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Utah Code
2025 Utah Code
Title 75B - Trusts
Chapter 2 - Uniform Trust Code
Part 4 - Creation, Validity, Modification, and Termination of a Trust
Section 413 - Cy pres.
Universal Citation:
UT Code § 75B-2-413 (2025)
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Effective 5/7/2025
75B-2-413. Cy pres.
Renumbered and Amended by Chapter 310, 2025 General Session
75B-2-413. Cy pres.
- (1)Except as otherwise provided in Subsection (2), if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful:
- (a)the trust does not fail, in whole or in part;
- (b)the trust property does not revert to the settlor or the settlor's successors in interest; and
- (c)the court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes.
- (2)A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under Subsection (1) to apply cy pres to modify or terminate the trust only if, when the provision takes effect:
- (a)the trust property is to revert to the settlor and the settlor is still living; or
- (b)fewer than 21 years have elapsed since the date of the trust's creation.
Renumbered and Amended by Chapter 310, 2025 General Session
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