75B-2-413. Cy pres.
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/ut/title-75b/chapter-2/75b-2-413A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
75B-2-413. Cy pres.
(1)Except as otherwise provided in Subsection
(2), if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful:
(a)the trust does not fail, in whole or in part;
(b)the trust property does not revert to the settlor or the settlor's successors in interest; and
(c)the court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes.
(2)A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under Subsection
(1)to apply cy pres to modify or terminate the trust only if, when the provision takes effect:
(a)the trust property is to revert to the settlor and the settlor is still living; or
(b)fewer than 21 years have elapsed since the date of the trust's creation.
Renumbered and Amended by Chapter 310 , 2025 General Session