(1)  A trustee, without authorization by the court, may exercise:

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Terms Used In Utah Code 75-7-813

  • Fiduciary: A trustee, executor, or administrator.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Trustee: A person or institution holding and administering property in trust.
(a)  powers conferred by the terms of the trust; or

(b)  except as limited by the terms of the trust:

(i)  all powers over the trust property which an unmarried competent owner has over individually owned property;

(ii)  any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and

(iii)  any other powers conferred by this chapter.

(2)  The exercise of a power is subject to the fiduciary duties prescribed by this part.

Enacted by Chapter 89, 2004 General Session