Wyoming § 4-10-604 Limitation on action contesting validity of
revocable trust; distribution of trust property

Wyoming Statutes

§ 4-10-604 — Limitation on action contesting validity of revocable trust; distribution of trust property

Wyoming·Title 04 Fiduciaries·Ch. 10 UNIFORM TRUST CODE·Art. 6 REVOCABLE TRUSTS

(a)Subject to the rights of persons dealing with a fiduciary as provided in W.S. 4-10-1013, a person may commence a judicial proceeding to contest the validity of a trust that is revocable during the settlor's life or an amendment thereto within the earlier of:

(i)Two (2) years after the settlor's death; or

(ii)One hundred twenty (120) days after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address and of the time allowed for commencing a proceeding.

(b)No trustee shall have any liability under the governing instrument or to any third party or otherwise for failure to provide written notice pursuant to paragraph (a)(ii) of this section.

(c)For purposes of paragraph (a)(ii) of this secti

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(a) Subject to the rights of persons dealing with a
fiduciary as provided in W.S. 4-10-1013, a person may commence a
judicial proceeding to contest the validity of a trust that is
revocable during the settlor's life or an amendment thereto
within the earlier of:
(i) Two (2) years after the settlor's death; or
(ii) One hundred twenty (120) days after the trustee
sent the person a copy of the trust instrument and a notice
informing the person of the trust's existence, of the trustee's
name and address and of the time allowed for commencing a
proceeding.
(b) No trustee shall have any liability under the
governing instrument or to any third party or otherwise for
failure to provide written notice pursuant to paragraph (a)(ii)
of this section.
(c) For purposes of paragraph (a)(ii) of this section,
notice shall have been given when received by the person to whom
the notice was given. Absent evidence to the contrary, it shall
be presumed that delivery to the last known address of that
person constitutes receipt by that person.
(d) A person failing to commence a judicial proceeding to
contest the validity of a trust within the times provided in
this section is forever prohibited from commencing any judicial
proceeding contesting the validity of the trust.
(e) Upon the death of the settlor of a trust that was
revocable during the settlor's life, the trustee may proceed to
distribute the trust property in accordance with the terms of
the trust. The trustee is not subject to liability for doing so
unless:
(i) The trustee knows of a pending judicial
proceeding contesting the validity of the trust; or
(ii) A potential contestant has notified the trustee
in writing of a possible judicial proceeding to contest the
trust and a judicial proceeding is commenced within sixty (60)
days after the contestant sent the notification.
(f) A beneficiary of a trust that is determined to have
been invalid is liable to return any distribution received.

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