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

Wyoming § 2-3-915

• Jurisdiction: Wyoming
• Title 02: Wills, Decedents' Estates and Probate Code
• Ch. 3: FIDUCIARIES
• Art. 9: WYOMING UNITRUST ACT

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(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 state a basis or reason
for an objection or fails to prove by a preponderance of the
evidence the proposed action should be taken or should not be
taken shall be liable to all other beneficiaries for damages and
costs associated with the objection.