Beneficiary’s Rights to See Trust Documents

Stephen Howard — Stone River Law

Real People. Real Solutions.

If I am the beneficiary of a trust in Utah, am I entitled to see the trust documents?

Trustee’s Duty to Inform and Report

Under the Utah Uniform Trust Code, 75-7-811, a trustee has a duty to “inform and report.” This duty provides a general obligation on the part of the trustee to keep qualified beneficiaries “reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests.”

Beneficiary’s Limited Right to Inspect Documents

More specifically, upon request by a qualified beneficiary, the statute requires a trustee to “promptly furnish to the beneficiary a copy of the portions of the trust instrument which describe or affect the beneficiary’s interest.”

Under Utah Code 75-7-811, a beneficiary may not be entitled to see the entire trust document. When a beneficiary is denied access to trust documents, it may lead to suspicion that a trustee may be mismanaging or misappropriating trust property. If you have such a concern, you should contact an attorney to discuss what options may be available to help protect your interests as a trust beneficiary.

Finding an Estate Planning & Trusts Attorney

Contact us today to schedule an initial attorney. See how our team can help you..