Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:

(1) a written request for disclosure in physical or electronic form;
will 560x170

Ask a will, trust or estate question, get an answer ASAP!
Thousands of highly rated, verified estate & trust lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 75-11-112

  • Account: means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Utah Code 75-11-102
  • Content of an electronic communication: means information concerning the substance or meaning of the communication that:
         (6)(a) has been sent or received by a user;
         (6)(b) is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and
         (6)(c) is not readily accessible to the public. See Utah Code 75-11-102
  • Court: means a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. See Utah Code 75-11-102
  • Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Utah Code 75-11-102
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 75-11-102
  • 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.
  • Trust: includes :
              (60)(a)(i) a health savings account, as defined in Section 223of the Internal Revenue Code;
              (60)(a)(ii) an express trust, private or charitable, with additions thereto, wherever and however created; or
              (60)(a)(iii) a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. See Utah Code 75-1-201 v2
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: includes a successor trustee. See Utah Code 75-11-102
  • User: means a person that has an account with a custodian. See Utah Code 75-11-102
(2) a certified copy of the trust instrument or a certification of the trust under Section 75-7-1013 that includes consent to disclosure of the content of electronic communications to the trustee;
(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4) if requested by the custodian:

     (4)(a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or
     (4)(b) evidence linking the account to the trust.
  Previous section
Next section  
 Chapter 11 Contents