{"data":{"id":"us-ut/utah-code-75a-5-202","jurisdiction":"us-ut","citation":"Utah Code § 75A-5-202","heading":"Judicial review of exercise of discretionary power -- Request for instruction.","body":"(1) In this section, \"fiduciary decision\" means:\n(a) a fiduciary's allocation between income and principal or other determination regarding income and principal required or authorized by the terms of the trust or this chapter;\n(b) the fiduciary's exercise or nonexercise of a discretionary power regarding income and principal granted by the terms of the trust or this chapter, including the power to:\n(i) adjust under Section 75A-5-203;\n(ii) convert an income trust to a unitrust under Subsection 75A-5-303(1)(a);\n(iii) change the percentage or method used to calculate a unitrust amount under Subsection 75A-5-303(1)(b); or\n(iv) convert a unitrust to an income trust under Subsection 75A-5-303(1)(c); or\n(c) the fiduciary's implementation of a decision described in Subsection (1)(a) or (b).\n(2) The court may not order a fiduciary to change a fiduciary decision, unless the court determines that the fiduciary decision was an abuse of the fiduciary's discretion.\n(3)\n(a) If the court determines that a fiduciary decision was an abuse of the fiduciary's discretion, the court may order a remedy authorized by law, including a remedy authorized in Section 75B-2-1001.\n(b) To place the beneficiaries in the positions that the beneficiaries would have occupied if there had not been an abuse of the fiduciary's discretion, the court may order:\n(i) the fiduciary to exercise or refrain from exercising the power to adjust under Section 75A-5-203;\n(ii) the fiduciary to exercise or refrain from exercising the power to:\n(A) convert an income trust to a unitrust under Subsection 75A-5-303(1)(a);\n(B) change the percentage or method used to calculate a unitrust amount under Subsection 75A-5-303(1)(b); or\n(C) convert a unitrust to an income trust under Subsection 75A-5-303(1)(c);\n(iii) the fiduciary to distribute an amount to a beneficiary;\n(iv) a beneficiary to return some or all of a distribution; or\n(v) the fiduciary to withhold an amount from one or more future distributions to a beneficiary.\n(4)\n(a) On petition by a fiduciary for instruction, the court may determine whether a proposed fiduciary decision will result in an abuse of the fiduciary's discretion.\n(b) A beneficiary that opposes the proposed decision has the burden to establish that the proposed decision will result in an abuse of the fiduciary's discretion if the petition:\n(i) describes the proposed decision;\n(ii) contains sufficient information to inform the beneficiary of the reasons for making the proposed decision and the facts on which the fiduciary relies; and\n(iii) explains how the beneficiary will be affected by the proposed decision.","path":["Title 75A Fiduciaries","Chapter 75A-5 Uniform Fiduciary Income and Principal Act","Part 75A-5-2 Fiduciary Duties and Judicial Review"],"source_url":"https://le.utah.gov/xcode/Title75A/Chapter5/75A-5-S202.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"c6d04e903b31b64ca3a515d11f6d15f2e671918b1a2a0e12fb02e305eefe36e9","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-75a-5-201","next":"us-ut/utah-code-75a-5-203"},"notice":"GroundRules: Original legal text. Not legal advice."}