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Utah · Through 2026 General Session

Utah Code § 75B-2-413: Cy pres.

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Where this section sits in the code
  1. Title 75B Trusts
  2. Chapter 75B-2 Uniform Trust Code
  3. Part 75B-2-4 Creation, Validity, Modification, and Termination of a Trust

(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.

Collected 2026-09-03T11:34:34Z. Source file · JSON

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