Utah Code 75-7-204. Trust proceedings — Dismissal of matters relating to foreign trusts
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(1) The court may not, over the objection of a party, entertain proceedings under Section 75-7-201 involving a trust which:
Terms Used In Utah Code 75-7-204
- Continuance: Putting off of a hearing ot trial until a later time.
- Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Proceeding: includes action at law and suit in equity. See Utah Code 75-1-201 v2
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States, or a Native American tribe or band recognized by federal law or formally acknowledged by a state. See Utah Code 75-1-201 v2
- 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
(1)(a) is under the continuing supervision of a foreign court;
(1)(b) is registered in another state; or
(1)(c) has a fiduciary which transacts a major portion of its trust administration in another state.
(2) Notwithstanding Subsection (1) , the court may entertain a proceeding regarding any matter involving a trust if:
(2)(a) all appropriate parties could not be bound by litigation in the courts of the other state; or
(2)(b) the interests of justice would be seriously impaired.
(3) The court may condition a stay or dismissal of a proceeding on the consent of any party to the jurisdiction of the courts of another state, or the court may grant a continuance or enter any other appropriate order.