Wyoming Statutes

§ 2-3-915 — Judicial control of discretionary powers

Wyoming·Title 02 Wills, Decedents' Estates and Probate Code·Ch. 3 FIDUCIARIES·Art. 9 WYOMING UNITRUST ACT
(a)A court shall not change a trustee's decision to exercise or not to exercise a discretionary power conferred by this act unless it determines that the decision was an abuse of the trustee's discretion. A court shall not determine that a trustee abused its discretion merely because the court would have exercised the discretion in a different manner or would not have exercised the discretion.
(b)Where a beneficiary elects to challenge an action or nonaction by a trustee or disinterested party under the powers and authority granted in the party under this act, the beneficiary has the burden of establishing, by a preponderance of the evidence, that the actions or nonactions by a trustee or a disinterested party abused the trustee's or the party's discretion. A beneficiary who fails to sta

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