Wyoming Statutes
Wyo. Stat. § 4-10-1004 (2026)
Attorney's fees and costs.
✓ current as of May 2026
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In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney's fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.
Notes of Decisions
Cited in 7
cases (2 in the last 5 years), 2010–2025 · leading case: Tamra Acorn, Rebecca Shwen, & Federer Holding Co., LLC, a Wyoming close Ltd. Liab. Co. v. Lori Moncecchi & Dino Moncecchi, 2016 WY 124 (Wyo. 2016).
Tamra Acorn, Rebecca Shwen, & Federer Holding Co., LLC, a Wyoming close Ltd. Liab. Co. v. Lori Moncecchi & Dino Moncecchi, 2016 WY 124 (Wyo. 2016). “In their First Amended Complaint, the Moncpcchis asserted that Wyo. Stat. Ann. § 4-10-1004 entitles them, to attorney fees and they sought an award of such fees.”
Garwood v. Garwood, 2010 WY 91 (Wyo. 2010). “Garwood's application was made pursuant to Wyo. Stat. Ann. § 4-10-1004 , the Uniform Trust Code provision governing attorneys' fees and costs, and included an itemized statement of the services and fees of Mr.”
Evans v. Moyer, 282 P.3d 1203 (Wyo. 2012). “§ 4-10-1004 (LexisNexis 2011) authorizes an award of attorney fees: In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney's fees, to any party, to be paid by…”
Shriners Hospitals for Child., In Its Capacity as Beneficiary of the Alfred J. & Pegge A. Cooksley Trust v. First N. Bank of Wyoming, In Its Capacity as Tr. of the Alfred J. & Pegge A. Cooksley Trust, 2016 WY 51 (Wyo. 2016). “§ 4-10-1004 (LexisNexis 2015). [T108] We have addressed the district court's discretion in making a "justice and equity" determination under this provision of the Code.”
In the Matter of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992, as Amended & Restated: Janel K. Kinniburgh, Beneficiary & Successor Tr. of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992 v. Jacque Moncur & Rosemary Steele, Successor Co-Trs. of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992, 2023 WY 56 (Wyo. 2023). “Wyo. Stat. Ann. § 4-10-1004 (LexisNexis 2021) (emphasis added).”
Tamra Acorn, Rebecca Shwen, & Federer Holding Co., LLC, a Wyoming close Ltd. Liab. Co. v. Lori Moncecchi & Dino Moncecchi, 2016 WY 124 (Wyo. 2016). “In their First Amended Complaint, the Moncecchis asserted that Wyo. Stat. Ann. § 4-10-1004 entitles them to attorney fees and they sought an award of such fees.”
Rolly Redland & Roalene McCarthy, individually & as beneficiaries of the Robert & Irene Redland Fam. Trust dated August 10, 1989 v. Lisa Kimsey & Mike Kimsey, 2025 WY 85 (Wyo. 2025). “The district court decided the UTC allowed for an award of attorney fees but determined the UTC did not apply because not all parties had consented to its application to the family trust. The district court also decided “the interests of justice and equity are best served by…”
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