The Appellate Group

In re The Agusta Trust #1

In re The Agusta Trust #1, 2023 UT App 135 (Mortensen, J.)


Ken and First Wife placed two pieces of property into an irrevocable trust (Trust). In various documents, Ken spelled the name of the Trust differently, leading Second Wife to contend to her advantage—upon Ken’s death—that there were really two trusts and that the Trust was modified or terminated. The district court rejected Second Wife’s arguments and granted summary judgment in favor of the Children from Ken’s first marriage. On appeal, the Utah Court of Appeals affirmed, holding in part:

  • The district court properly granted Children’s motion for summary judgment on each of Second Wife’s claims and properly denied Second Wife’s offset claim.
  • Practice tip: Ken’s divorce from First Wife did not mean Second Wife took the place of his “wife” in the Trust documents, because the Trust’s documents identified First Wife by name.
  • Practice tip: Parties can only devise property they own.

Read the full court opinion