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Utah Code
2025 Utah Code
Title 75B - Trusts
Chapter 3 - Uniform Directed Trust Act
Section 102 - Definitions.
Universal Citation:
UT Code § 75B-3-102 (2025)
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Effective 5/7/2025
75B-3-102. Definitions.
As used in this chapter:
Renumbered and Amended by Chapter 310, 2025 General Session
75B-3-102. Definitions.
As used in this chapter:
- (1)"Breach of trust" includes a violation by a trust director or trustee of a duty imposed on the director or trustee by the terms of the trust, this chapter, or the law of this state other than this chapter pertaining to trusts.
- (2)"Directed trust" means a trust for which the terms of the trust grant a power of direction.
- (3)"Directed trustee" means a trustee that is subject to a trust director's power of direction.
- (4)
- (a)"Power of direction" means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee.
- (b)"Power of direction" includes a power over the investment, management, or distribution of trust property or other matters of trust administration.
- (c)"Power of direction" does not include the powers described in Subsection 75B-3-105(2).
- (5)"Terms of a trust" means:
- (a)subject to Subsection (5)(b), the manifestation of the settlor's intent regarding a trust's provisions as:
- (i)expressed in the trust instrument; or
- (ii)established by other evidence that would be admissible in a judicial proceeding; or
- (b)the trust's provisions as established, determined, or amended by:
- (i)a trustee or trust director in accordance with applicable law;
- (ii)a court order; or
- (iii)a nonjudicial settlement agreement under Section 75B-2-110.
- (a)subject to Subsection (5)(b), the manifestation of the settlor's intent regarding a trust's provisions as:
- (6)"Trust director" means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee, regardless of whether:
- (a)the terms of the trust refer to the person as a trust director; or
- (b)the person is a beneficiary or settlor of the trust.
Renumbered and Amended by Chapter 310, 2025 General Session
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