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Beneficiary’s Rights to See Trust Documents

Stephen Howard — Attorney at Law

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

Trusteeโ€™s Duty to Inform and Report

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

Beneficiaryโ€™s Limited Right to Inspect Documents

More specifically, upon request by a qualified beneficiary, the statute requires a trustee to โ€œpromptly furnish to the beneficiary a copy of the portions of the trust instrument which describe or affect the beneficiaryโ€™s interest.โ€

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.

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