Current through the 2023 Regular Session
Section 72-38-110 - Others treated as qualified beneficiaries(1) Except as provided in 72-38-813, whenever notice to qualified beneficiaries of a trust is required under this chapter, the trustee shall also give notice to any other beneficiary who has sent the trustee a request for notice.(2) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a beneficiary and a qualified beneficiary under this chapter if the charitable organization, on the date the charitable organization's qualification is being determined: (a) is a distributee or permissible distributee of trust income or principal;(b) would be a distributee or permissible distributee of trust income or principal upon the termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or(c) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.(3) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in 72-38-408 or 72-38-409 has the rights of a qualified beneficiary under this chapter.(4) With respect to a charitable trust having its principal place of administration in this state: (a) The attorney general of this state has the rights of a beneficiary.(b) The attorney general of this state has the following two rights of a qualified beneficiary: (i) the right to request information pursuant to 72-38-813(1); and(ii) the right to request a copy of the annual report pursuant to 72-38-813(3).(c) The attorney general of this state has all of the rights of a qualified beneficiary of a charitable trust if, on the date that a determination is being made as to the rights of the attorney general under this subsection(4), a charitable interest in the trust is not represented by a qualified beneficiary under subsection (2).Amended by Laws 2023, Ch. 564,Sec. 4, eff. 10/1/2023.Added by Laws 2013, Ch. 264, Sec. 10, eff. 10/1/2013.