Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters:

(1)  acceptance under Section 75-7-701;

Need help with a review of a will?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In Utah Code 75-12-116

  • Terms of a trust: means :
(a) subject to Subsection (8)(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 75-7-110. See Utah Code 75-12-102
  • 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. See Utah Code 75-12-102
    (2)  giving of bond to secure performance under Section 75-7-702;

    (3)  reasonable compensation under Section 75-7-708;

    (4)  resignation under Section 75-7-705;

    (5)  removal under Section 75-7-706; and

    (6)  vacancy and appointment of successor under Section 75-7-704.

    Enacted by Chapter 153, 2019 General Session