Wyoming Modifies Uniform Trust Code

by Paul McSheffrey, J.D.
The Wyoming legislature has recently adopted changes to the Uniform Trust Code with Enrolled Act No. 59. 
Section 4-10-504(g) has been added to clarify that a discretionary distribution from a discretionary trust creates no property interest in the beneficiary.  There is no property interest created, regardless of whether the discretionary distribution is made according to a standard of distribution.
Changes have also been made to section 4-10-506.  This section refers to a creditor’s claim
against a settlor with respect to irrevocable trusts where only discretionary distributions may be made to the settlor.  A creditor or assignee of the right of a settlor is limited by 4-10-504(b) if:
– the transfer did not violate the Uniform Fraudulent Transfers Act when using the standard of proof found in 4-10-517;
– there is at least one qualified trustee;
– the trustee is not a trust beneficiary, related to the settlor, or a subordinate of the settlor under IRS section 672(c).
Additional subsections have been added to 4-10-816 regarding specific powers of a trustee.  A trustee may:
– make a distribution or pay trust expenses from a trust with two or more sub-trusts or shares from any of those sub-trusts or shares permitting income distributions to the beneficiary;
– separate a trust with more than one beneficiary into separate trusts or shares unless the trust language specifically requires the property to be held in one trust;
– exercise elections with regard to taxes; and
– decide each taxable year whether principal distributions to a beneficiary include net realized capital gains and losses in IRS 643(a) distributable net income.
Subsection (b) has also been added to 4-10-816.  A trustee’s power to make distributions of all or any portion of trust income or principal in further trust shall not be exercised such that it would prevent qualification for a federal income, estate, gift or generation-skipping transfer tax benefit claimed for the trust.  However, a trustee shall not be liable if the above power is exercised in good faith.
These changes become effective on July 1, 2015.
Paul McSheffrey, J.D. is a Regulatory Compliance Consultant at Bankers Advisory, A CliftonLarsonAllen LLP Division.  He is a graduate of Northeastern University and New England School of Law.  Paul is a member of the Bar in Massachusetts and New York.   He can be reached at paul@bankersadvisory.com

  • 781-402-6426

Paul McSheffrey, JD, is a senior regulatory compliance consultant with CLA. He is a graduate of Northeastern University and earned his juris doctor at the New England School of Law. He is admitted to the Bar in both Massachusetts and New York.

Comments are closed.