Wyoming Statutes

Wyo. Stat. § 4-10-403 (2026)

Requirements for creation.

✓ current as of May 2026

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(a)   A trust is created only if:

           (i)    The settlor has capacity to create a trust;

           (ii)    The settlor indicates an intention to create the
trust;

           (iii)    The trust has a definite beneficiary or is:

                   (A)   A charitable trust;

               (B) A trust for the care of an animal, as
provided in W.S. 4-10-409; or

               (C) A trust for a noncharitable purpose, as
provided in W.S. 4-10-410.

           (iv)    The trustee has duties to perform; and

          (v)     The same person is not the sole trustee and sole
beneficiary.

     (b) A beneficiary is definite if the beneficiary can be
ascertained now or in the future, subject to W.S. 34-1-139.

     (c) A power in a trustee, trust advisor, trust protector
or other party designated in the trust instrument to select a
beneficiary from an indefinite class is valid. If the power is
not exercised within a reasonable time, the power fails and the
property subject to the power passes to the persons who would
have taken the property had the power not been conferred.

Notes of Decisions

Cited in 4 cases, 2009–2018 · leading case: Est. of Weeks v. Weeks-Rohner, 427 P.3d 729 (Wyo. 2018).

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Est. of Weeks v. Weeks-Rohner, 427 P.3d 729 (Wyo. 2018). · cites it 2× “Wyo. Stat. Ann. § 4-10-403 (a)(iii) (LexisNexis 2017).”

Welch v. Crow, 2009 OK 20 (Okla. 2009). “02 (2009); Wyo. Stat. Ann. § 4-10-403 (2009). Courts construing Arizona, Florida, and Utah state law have issued decisions confirming each state's adoption of the Restatement view.”

Courtenay C. & Lucy Patten Davis Found. v. Colorado State Univ. Rsch. Found., 320 P.3d 1115 (Wyo. 2014). · cites it 2× “See Wyo. Stat. Ann. § 4-10-403 (a)(ii) (a trust is created only if settlor indicates an intent to create a trust).”

The Courtenay C. & Lucy Patten Davis Found. & Amy Davis, Individually v. Colorado State Univ. Rsch. Found., Univ. of Wyoming Found. & C.C. Davis & Co., LLC, a Wyoming Ltd. Liab. Co., & Gregory A. Phillips, Wyoming Attorney Gen., In His Off. Capacity, 2014 WY 32 (Wyo. 2014). · cites it 2× “See Wyo. Stat. Ann. § 4-10-403 (a)(ii) (a trust is created only if settlor indicates an intent to create a trust).”

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