Title 02 · WY
2-3-811 through 2-3-825;
Citation: Wyo. Stat. § 2-3-811
Section: 2-3-811
2-3-811 through 2-3-825;
(v) "Income beneficiary" means a person to whom net income of a trust is or may be payable;
(vi) "Income interest" means the right of an income beneficiary to receive all or part of net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the trustee's discretion;
(vii) "Mandatory income interest" means the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute;
(viii) "Net income" means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period, plus or minus transfers under this act to or from income during the period;
(ix) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture; government, governmental subdivision, agency or instrumentality; public corporation; or any other legal or commercial entity;
(x) "Principal" means property held in trust for distribution to a remainder beneficiary when the trust terminates;
(xi) "Remainder beneficiary" means a person entitled to receive principal when an income interest ends; (xii) "Terms of a trust" means the manifestation of the intent of a settlor or decedent with respect to the trust, expressed in a manner that admits of its proof in a judicial proceeding, whether by written or spoken words or by conduct;
(xiii) "Trustee" includes an original, additional or successor trustee, whether or not appointed or confirmed by a court;
(xiv) "This act" means W.S. 2-3-801 through 2-3-834.
2-3-803. Fiduciary duties; general principles.
(a) In allocating receipts and disbursements to or between principal and income, and with respect to any matter within the scope of W.S. 2-3-806 through 2-3-810, a fiduciary:
(i) Shall administer a trust or estate in accordance with the terms of the trust or the will, even if there is a different provision in this act;
(ii) May administer a trust or estate by the exercise of a discretionary power of administration given to the fiduciary by the terms of the trust or the will, even if the exercise of the power produces a result different from a result required or permitted by this act, and no inference that the fiduciary has improperly exercised the discretion arises from the fact that the fiduciary has made an allocation contrary to a provision of this act;
(iii) Shall administer a trust or estate in accordance with this act if the terms of the trust or the will do not contain a different provision or do not give the fiduciary a discretionary power of administration; and
(iv) Shall add a receipt or charge a disbursement to principal to the extent that the terms of the trust and this act do not provide a rule for allocating the receipt or disbursement to or between principal and income.
(b) In exercising the power to adjust under W.S.