- (1) Except as provided in 72-38-813, whenever notice to qualified beneficiaries of a trust is required under this chapter, the trustee shall also give notice to any other beneficiary who has sent the trustee a request for notice.
(2) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a beneficiary and a qualified beneficiary under this chapter if the charitable organization, on the date the charitable organization's qualification is being determined:
- (a) is a distributee or permissible distributee of trust income or principal;
- (b) would be a distributee or permissible distributee of trust income or principal upon the termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or
- (c) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.
- (3) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in 72-38-408 or 72-38-409 has the rights of a qualified beneficiary under this chapter.
(4) With respect to a charitable trust having its principal place of administration in this state:
- (a) The attorney general of this state has the rights of a beneficiary.
(b) The attorney general of this state has the following two rights of a qualified beneficiary:
- (i) the right to request information pursuant to 72-38-813(1); and
- (ii) the right to request a copy of the annual report pursuant to 72-38-813(3).
- (c) The attorney general of this state has all of the rights of a qualified beneficiary of a charitable trust if, on the date that a determination is being made as to the rights of the attorney general under this subsection(4), a charitable interest in the trust is not represented by a qualified beneficiary under subsection (2).
History: En. Sec. 10, Ch. 264, L. 2013; amd. Sec. 4, Ch. 564, L. 2023.