TITLE 4 - TRUSTS CHAPTER 1 - Uniform Fiduciaries · PDF file (xiv) "Property" means...
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TITLE 4 - TRUSTS
CHAPTER 1 - Uniform Fiduciaries Act
4-1-101. Renumbered by Laws 1979, ch. 142, 3.
4-1-102. Renumbered by Laws 1979, ch. 142, 3.
4-1-103. Renumbered by Laws 1979, ch. 142, 3.
4-1-104. Renumbered by Laws 1979, ch. 142, 3.
4-1-105. Renumbered by Laws 1979, ch. 142, 3.
4-1-106. Renumbered by Laws 1979, ch. 142, 3.
4-1-107. Renumbered by Laws 1979, ch. 142, 3.
4-1-108. Renumbered by Laws 1979, ch. 142, 3.
4-1-109. Renumbered by Laws 1979, ch. 142, 3.
4-1-110. Renumbered by Laws 1979, ch. 142, 3.
4-1-111. Renumbered by Laws 1979, ch. 142, 3.
CHAPTER 2 - Uniform Act for Simplification of Fiduciary
4-2-101. Renumbered by Laws 1979, ch. 142, 3.
4-2-102. Renumbered by Laws 1979, ch. 142, 3.
4-2-103. Renumbered by Laws 1979, ch. 142, 3.
4-2-104. Renumbered by Laws 1979, ch. 142, 3.
4-2-105. Renumbered by Laws 1979, ch. 142, 3.
4-2-106. Renumbered by Laws 1979, ch. 142, 3.
4-2-107. Renumbered by Laws 1979, ch. 142, 3.
4-2-108. Renumbered by Laws 1979, ch. 142, 3.
4-2-109. Renumbered by Laws 1979, ch. 142, 3.
4-2-110. Renumbered by Laws 1979, ch. 142, 3.
4-2-111. Renumbered by Laws 1979, ch. 142, 3.
CHAPTER 3 - Investment of Funds
4-3-101. Renumbered by Laws 1979, ch. 142, 3.
4-3-102. Renumbered by Laws 1979, ch. 142, 3.
4-3-103. Renumbered by Laws 1979, ch. 142, 3.
4-3-104. Renumbered by Laws 1979, ch. 142, 3.
4-3-105. Renumbered by Laws 1979, ch. 142, 3.
CHAPTER 4 - Uniform Common Trust Fund Act
4-4-101. Renumbered by Laws 1979, ch. 142, 3.
4-4-102. Renumbered by Laws 1979, ch. 142, 3.
4-4-103. Renumbered by Laws 1979, ch. 142, 3.
CHAPTER 5 - Mortgage, Lease or Sale
4-5-101. Renumbered by laws 1979, ch. 142, 2, 3.
4-5-102. Renumbered by laws 1979, ch. 142, 2, 3.
4-5-103. Renumbered by laws 1979, ch. 142, 2, 3.
4-5-104. Renumbered by laws 1979, ch. 142, 2, 3.
CHAPTER 6 - Administration of Estates of Missing Persons
4-6-101. Renumbered by Laws 1979, ch. 142, 3.
4-6-102. Renumbered by Laws 1979, ch. 142, 3.
4-6-103. Renumbered by Laws 1979, ch. 142, 3.
4-6-104. Renumbered by Laws 1979, ch. 142, 3.
4-6-105. Renumbered by Laws 1979, ch. 142, 3.
4-6-106. Renumbered by Laws 1979, ch. 142, 3.
CHAPTER 7 - Defaulting Fiduciaries
4-7-101. Renumbered by Laws 1979, ch. 142, 3.
4-7-102. Renumbered by Laws 1979, ch. 142, 3.
4-7-103. Renumbered by Laws 1979, ch. 142, 3.
CHAPTER 8 - Uniform Trustees' Powers Act
4-8-101. Repealed By Laws 2003, Ch. 124, 3.
4-8-102. Repealed By Laws 2003, Ch. 124, 3.
4-8-103. Repealed By Laws 2003, Ch. 124, 3.
4-8-104. Repealed By Laws 2003, Ch. 124, 3.
4-8-105. Repealed By Laws 2003, Ch. 124, 3.
4-8-106. Repealed By Laws 2003, Ch. 124, 3.
4-8-107. Repealed By Laws 2003, Ch. 124, 3.
4-8-108. Repealed By Laws 2003, Ch. 124, 3.
4-8-109. Repealed By Laws 2003, Ch. 124, 3.
4-8-110. Repealed By Laws 2003, Ch. 124, 3.
4-8-111. Repealed By Laws 2003, Ch. 124, 3.
4-8-112. Repealed By Laws 2003, Ch. 124, 3.
CHAPTER 9 - UNIFORM PRUDENT INVESTOR ACT
4-9-101. Repealed By Laws 2003, Ch. 124, 3.
4-9-102. Repealed By Laws 2003, Ch. 124, 3.
4-9-103. Repealed By Laws 2003, Ch. 124, 3.
4-9-104. Repealed By Laws 2003, Ch. 124, 3.
4-9-105. Repealed By Laws 2003, Ch. 124, 3.
4-9-106. Repealed By Laws 2003, Ch. 124, 3.
4-9-107. Repealed By Laws 2003, Ch. 124, 3.
4-9-108. Repealed By Laws 2003, Ch. 124, 3.
4-9-109. Repealed By Laws 2003, Ch. 124, 3.
4-9-110. Repealed By Laws 2003, Ch. 124, 3.
4-9-111. Repealed by Laws 2003, Chapter 124, 3.
4-9-112. Repealed By Laws 2003, Ch. 124, 3.
4-9-113. Repealed By Laws 2003, Ch. 124, 3.
CHAPTER 10 - UNIFORM TRUST CODE
ARTICLE 1 - GENERAL PROVISIONS AND DEFINITIONS
4-10-101. Short title.
This act may be cited as the Uniform Trust Code.
4-10-102. 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.
4-10-103. Definitions.
(a) 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 trustee or
trust protector, holds a power of appointment over trust
property.
(iii) "Charitable trust" means a trust, or portion of
a trust, created for a charitable purpose described in W.S.
4-10-406(a);
(iv) "Conservator" for the purposes of this act means
as defined in W.S. 3-1-101(a)(iii);
(v) "Environmental law" means a federal, state, or
local law, rule, regulation, or ordinance relating to protection
of the environment;
(vi) "Excluded fiduciary" means any fiduciary
excluded from exercising certain powers under the trust
instrument or by court order which powers may be exercised by
the settlor, trust advisor, trust protector or other persons
designated by the instrument or court order;
(vii) "Fiduciary" means a trustee under a
testamentary or other trust, an executor, administrator, or
personal representative of a decedent's estate, or any other
party including a trust advisor or a trust protector, who is
acting in a fiduciary capacity for any person, trust or estate;
(viii) "Guardian" for the purposes of this act means
as defined in W.S. 3-1-101(a)(v);
(ix) "Incapacity" or "incompetency" or "incompetent
person" means as defined in W.S. 3-1-101(a)(ix) unless otherwise
defined by the terms of the trust;
(x) "Interests of the beneficiaries" means the
beneficial interests provided in the terms of the trust;
(xi) "Jurisdiction," with respect to a geographic
area, includes a state or country;
(xii) "Person" means an individual, corporation,
business trust, estate, trust, partnership, limited liability
company, association, joint venture, government, governmental
subdivision, agency or instrumentality, public corporation or
any other legal or commercial entity;
(xiii) "Power of withdrawal" means a presently
exercisable general power of appointment other than a power
exercisable by a trustee which is limited by an ascertainable
standard, or which is exercisable by another person only upon
consent of the trustee or a person holding an adverse interest;
(xiv) "Property" means anything that may be the
subject of ownership, whether real or personal, legal or
equitable, or any interest therein;
(xv) "Qualified beneficiary" means:
(A) A beneficiary who is currently entitled to
mandatory distributions of income or principal from the trust or
has a vested remainder interest in the residuary of the trust
which is not subject to divestment;
(B) If a trust has no qualified beneficiary
under subparagraph (A) of this paragraph, "qualified
beneficiary" shall mean a beneficiary having a vested remainder
interest in the residuary of the trust whose interest is subject
to divestment only as a result of the beneficiary's death;
(C) If a trust has no qualified beneficiary
under subparagraph (A) or (B) of this paragraph, "qualified
beneficiary" shall mean a beneficiary currently eligible to
receive discretionary distributions of income or principal from
the trust, who has received one (1) or more distributions during
the beneficiary's lifetime;
(D) If a trust has no qualified beneficiary
under subparagraph (A), (B) or (C) of this paragraph, "qualified
beneficiary" shall mean a beneficiary currently eligible to
receive discretionary distributions of income or principal from
the trust;
(E) The department of health is a qualified
beneficiary as the vested remainder beneficiary of trusts
established pursuant to W.S. 42-2-403(f)(i), (ii) and (iii) and
42 U.S.C. 1396p(d)(4)(A), (B) and (C).
(xvi) "Regulated financial services institution"
means a financial institution as defined in W.S. 13-1-101(a)(ix)
and any other financial services provider regulated by the state
of Wyoming or agency of the federal government;
(xvii) "Revocable," as applied to a trust, means
revocable by the settlor without the consent of the trustee or a
person holding an adverse interest;
(xviii) "Settlor" means a person, including a
testator, grantor or trust maker, who creates, transfers or
contributes property to, a trust. If more than one (1) person
creates, or transfers or contributes property to, a trust, each
person is a settlor of the portion of the trust property
attributable to that person'