Part 1 General Provisions 75-7-101 – 75-7-112
Part 2 Jurisdiction of Court Concerning Trusts 75-7-201 – 75-7-205
Part 3 Representation 75-7-301 – 75-7-305
Part 4 Creation, Validity, Modification, and Termination of Trust 75-7-401 – 75-7-417
Part 5 Creditor’s Claims – Spendthrift and Discretionary Trusts 75-7-501 – 75-7-519
Part 6 Revocable Trusts 75-7-604 – 75-7-607
Part 7 Office of Trustee 75-7-701 – 75-7-709
Part 8 Duties and Powers of Trustee 75-7-801 – 75-7-817
Part 9 Utah Uniform Prudent Investor Act 75-7-901 – 75-7-907
Part 10 Liability of Trustees and Rights of Persons Dealing with Trustee 75-7-1001 – 75-7-1013
Part 11 Miscellaneous Provisions 75-7-1101 – 75-7-1103
Part 12 Foreign Trustees 75-7-1201

Terms Used In Utah Code > Title 75 > Chapter 7

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • continuance: Putting off of a hearing ot trial until a later time.
  • contract: A legal written agreement that becomes binding when signed.
  • corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • counterclaim: A claim that a defendant makes against a plaintiff.
  • damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • decedent: A deceased person.
  • deed: The legal instrument used to transfer title in real property from one person to another.
  • dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • fiduciary: A trustee, executor, or administrator.
  • fraud: Intentional deception resulting in injury to another.
  • grantor: The person who establishes a trust and places property into it.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • inter vivos: Transfer of property from one living person to another living person.
  • irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes :Utah Code 68-3-12.5
  • lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • lien: A claim against real or personal property in satisfaction of a debt.
  • litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means :Utah Code 68-3-12.5
  • Personal property: includes :Utah Code 68-3-12.5
  • power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • probable cause: A reasonable ground for belief that the offender violated a specific law.
  • probate: Proving a will
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • real property: includes :Utah Code 68-3-12.5
  • revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • statute: A law passed by a legislature.
  • statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • summons: Another word for subpoena used by the criminal justice system.
  • testator: A male person who leaves a will at death.
  • tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • trustee: A person or institution holding and administering property in trust.
  • trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
  • venue: The geographical location in which a case is tried.
  • Writing: includes :Utah Code 68-3-12.5