reglab/housing_qa huggingface dataset:
MT Code § 72-39-205 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 2. Decanting|72-39-205. Court involvement

  72-39-205. Court involvement. (1) On application of an authorized fiduciary, a person entitled to notice under 72-39-203(3), a beneficiary, or with respect to a charitable interest the attorney general or other person that has standing to enforce the charitable interest, the court may:  (a) provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this chapter and consistent with the fiduciary duties of the authorized fiduciary;   (b) appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this chapter and to exercise the decanting power;   (c) approve an exercise of the decanting power;   (d) determine that a proposed or attempted exercise of the decanting power is ineffective because:   (i) after applying 72-39-218, the proposed or attempted exercise does not or did not comply with this chapter; or   (ii) the proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;   (e) determine the extent to which 72-39-218 applies to a prior exercise of the decanting power;   (f) provide instructions to the trustee regarding the application of 72-39-218 to a prior exercise of the decanting power; or   (g) order other relief to carry out the purposes of this chapter.   (2) On application of an authorized fiduciary, the court may approve:   (a) an increase in the fiduciary's compensation under 72-39-212; or   (b) a modification under 72-39-214 of a provision granting a person the right to remove or replace the fiduciary.   History: En. Sec. 9, Ch. 177, L. 2021.
MT Code § 72-39-206 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 2. Decanting|72-39-206. Formalities

  72-39-206. Formalities. An exercise of the decanting power must be made in a record signed by an authorized fiduciary. The signed record must, directly or by reference to the notice required by 72-39-203, identify the first trust and the second trust or trusts and state the property of the first trust being distributed to each second trust and the property, if any, that remains in the first trust.  History: En. Sec. 10, Ch. 177, L. 2021.
MT Code § 72-39-208 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 2. Decanting|72-39-208. Decanting power under limited distributive discretion

  72-39-208. Decanting power under limited distributive discretion. (1) In this section, "limited distributive discretion" means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard.  (2) An authorized fiduciary that has limited distributive discretion over the principal of the first trust for benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust.   (3) Under this section and subject to 72-39-210, a second trust may be created or administered under the law of any jurisdiction. Under this section, the second trusts, in the aggregate, must grant each beneficiary of the first trust beneficial interests that are substantially similar to the beneficial interests of the beneficiary in the first trust.   (4) A power to make a distribution under a second trust for the benefit of a beneficiary who is an individual is substantially similar to a power under the first trust to make a distribution directly to the beneficiary. A distribution is for the benefit of a beneficiary if:   (a) the distribution is applied for the benefit of the beneficiary;   (b) the beneficiary is under a legal disability or the trustee reasonably believes the beneficiary is incapacitated, and the distribution is made as permitted under the Montana Uniform Trust Code; or   (c) the distribution is made as permitted under the terms of the first-trust instrument and the second-trust instrument for the benefit of the beneficiary.   (5) If an authorized fiduciary has limited distributive discretion over part but not all of the principal of a first trust, the fiduciary may exercise the decanting power under this section over that part of the principal over which the authorized fiduciary has limited distributive discretion.   History: En. Sec. 12, Ch. 177, L. 2021.
MT Code § 72-39-209 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 2. Decanting|72-39-209. Trust for beneficiary with disability

  72-39-209. Trust for beneficiary with disability. (1) In this section:  (a) "Beneficiary with a disability" means a beneficiary of a first trust who the special-needs fiduciary believes may qualify for governmental benefits based on disability, whether or not the beneficiary currently receives those benefits or is an individual who has been adjudicated incapacitated.   (b) "Governmental benefits" means financial aid or services from a state, federal, or other public agency.   (c) "Special-needs fiduciary" means, with respect to a trust that has a beneficiary with a disability:   (i) a trustee or other fiduciary, other than a settlor, that has discretion to distribute part or all of the principal of a first trust to one or more current beneficiaries;   (ii) if no trustee or fiduciary has discretion under subsection (1)(c)(i), a trustee or other fiduciary, other than a settlor, that has discretion to distribute part or all of the income of the first trust to one or more current beneficiaries; or   (iii) if no trustee or fiduciary has discretion under subsections (1)(c)(i) and (1)(c)(ii), a trustee or other fiduciary, other than a settlor, that is required to distribute part or all of the income or principal of the first trust to one or more current beneficiaries.   (d) "Special-needs trust" means a trust the trustee believes would not be considered a resource for purposes of determining whether a beneficiary with a disability is eligible for governmental benefits.   (2) A special-needs fiduciary may exercise the decanting power under 72-39-207 over the principal of the first trust as if the fiduciary had authority to distribute principal to a beneficiary with a disability subject to expanded distributive discretion if:   (a) a second trust is a special-needs trust that benefits the beneficiary with a disability; and   (b) the special-needs fiduciary determines that exercise of the decanting power will further the purposes of the first trust.   (3) In an exercise of the decanting power under this section, the following rules apply:   (a) Notwithstanding 72-39-207(3)(b), the interest in the second trust of a beneficiary with a disability may:   (i) be a pooled trust as defined by medicaid law for the benefit of the beneficiary with a disability under 42 U.S.C. 1396p(d)(4)(C), as amended; or   (ii) contain payback provisions complying with reimbursement requirements of medicaid law under 42 U.S.C. 1396p(d)(4)(A), as amended.   (b) 72-39-207(3)(c) does not apply to the interests of the beneficiary with a disability.   (c) Except as affected by any change to the interests of the beneficiary with a disability, the second trust, or if there are two or more second trusts, the second trusts in the aggregate, must grant each other beneficiary of the first trust beneficial interests in the second trusts that are substantially similar to the beneficiary's beneficial interests in the first trust.   History: En. Sec. 13, Ch. 177, L. 2021.
MT Code § 72-39-210 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 2. Decanting|72-39-210. Protection of charitable interest

  72-39-210. Protection of charitable interest. (1) In this section:  (a) "Determinable charitable interest" means a charitable interest that is a right to a mandatory distribution currently, periodically, on the occurrence of a specified event, or after the passage of a specified time and which is unconditional or will be held solely for charitable purposes.   (b) "Unconditional" means not subject to the occurrence of a specified event that is not certain to occur, other than a requirement in a trust instrument that a charitable organization be in existence or qualify under a particular provision of the United States Internal Revenue Code of 1986, as amended, on the date of the distribution, if the charitable organization meets the requirement on the date of determination.   (2) If a first trust contains a determinable charitable interest, the attorney general has the rights of a qualified beneficiary and may represent and bind the charitable interest.   (3) If a first trust contains a charitable interest, the second trust or trusts may not:   (a) diminish the charitable interest;   (b) diminish the interest of an identified charitable organization that holds the charitable interest;   (c) alter any charitable purpose stated in the first-trust instrument; or   (d) alter any condition or restriction related to the charitable interest.   (4) If there are two or more second trusts, the second trusts must be treated as one trust for purposes of determining whether the exercise of the decanting power diminishes the charitable interest or diminishes the interest of an identified charitable organization for purposes of subsection (3).   (5) If a first trust contains a determinable charitable interest, the second trust or trusts that include a charitable interest pursuant to subsection (3) must be administered under the law of this state unless:   (a) the attorney general, after receiving notice under 72-39-203, fails to object in a signed record delivered to the authorized fiduciary within the notice period;   (b) the attorney general consents in a signed record to the second trust or trusts being administered under the law of another jurisdiction; or   (c) the court approves the exercise of the decanting power.   (6) This chapter does not limit the powers and duties of the attorney general under law of this state other than this chapter.   History: En. Sec. 14, Ch. 177, L. 2021.
MT Code § 72-39-211 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 2. Decanting|72-39-211. Trust limitation on decanting

  72-39-211. Trust limitation on decanting. (1) An authorized fiduciary may not exercise the decanting power to the extent the first-trust instrument expressly prohibits exercise of:  (a) the decanting power; or   (b) a power granted by state law to the fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust.   (2) Exercise of the decanting power is subject to any restriction in the first-trust instrument that expressly applies to exercise of:   (a) the decanting power; or   (b) a power granted by state law to a fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust.   (3) A general prohibition of the amendment or revocation of a first trust, a spendthrift clause, or a clause restraining the voluntary or involuntary transfer of a beneficiary's interest does not preclude exercise of the decanting power.   (4) Subject to subsections (1) and (2), an authorized fiduciary may exercise the decanting power under this chapter even if the first-trust instrument permits the authorized fiduciary or another person to modify the first-trust instrument or to distribute part or all of the principal of the first trust to another trust.   (5) If a first-trust instrument contains an express prohibition described in subsection (1) or an express restriction described in subsection (2), the provision must be included in the second-trust instrument.   History: En. Sec. 15, Ch. 177, L. 2021.
MT Code § 72-39-212 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 2. Decanting|72-39-212. Change in compensation

  72-39-212. Change in compensation. (1) If a first-trust instrument specifies an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's compensation above the specified compensation unless:  (a) all qualified beneficiaries of the second trust consent to the increase in a signed record; or   (b) the increase is approved by the court.   (2) If a first-trust instrument does not specify an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's compensation above the compensation permitted by the Montana Uniform Trust Code unless:   (a) all qualified beneficiaries of the second trust consent to the increase in a signed record; or   (b) the increase is approved by the court.   (3) A change in an authorized fiduciary's compensation that is incidental to other changes made by the exercise of the decanting power is not an increase in the fiduciary's compensation for purposes of subsections (1) and (2).   History: En. Sec. 16, Ch. 177, L. 2021.
MT Code § 72-39-213 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 2. Decanting|72-39-213. Relief from liability and indemnification

  72-39-213. Relief from liability and indemnification. (1) Except as otherwise provided in this section, a second-trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument.  (2) A second-trust instrument may provide for indemnification of an authorized fiduciary of the first trust or another person acting in a fiduciary capacity under the first trust for any liability or claim that would have been payable from the first trust if the decanting power had not been exercised.   (3) A second-trust instrument may not reduce fiduciary liability in the aggregate.   (4) Subject to subsection (3), a second-trust instrument may divide and reallocate fiduciary powers among fiduciaries, including one or more trustees, distribution advisors, investment advisors, trust protectors, or other persons, and relieve a fiduciary from liability for an act or failure to act of another fiduciary as permitted by law of this state other than this chapter.   History: En. Sec. 17, Ch. 177, L. 2021.
MT Code § 72-39-214 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 2. Decanting|72-39-214. Removal or replacement of authorized fiduciary

  72-39-214. Removal or replacement of authorized fiduciary. An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless:  (1) the person holding the power consents to the modification in a signed record and the modification applies only to the person;   (2) the person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or   (3) the court approves the modification and the modification grants a substantially similar power to another person.   History: En. Sec. 18, Ch. 177, L. 2021.
MT Code § 72-39-216 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 2. Decanting|72-39-216. Duration of second trust

  72-39-216. Duration of second trust. (1) Subject to subsection (2), a second trust may have a duration that is the same as or different from the duration of the first trust.  (2) To the extent that property of a second trust is attributable to property of the first trust, the property of the second trust is subject to any rules governing maximum perpetuity, accumulation, or suspension of the power of alienation, which apply to property of the first trust.   History: En. Sec. 20, Ch. 177, L. 2021.
MT Code § 72-39-217 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 2. Decanting|72-39-217. Need to distribute not required

  72-39-217. Need to distribute not required. An authorized fiduciary may exercise the decanting power whether or not under the first trust's discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise.  History: En. Sec. 21, Ch. 177, L. 2021.
MT Code § 72-39-218 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 2. Decanting|72-39-218. Saving provision

  72-39-218. Saving provision. (1) If exercise of the decanting power would be effective under this chapter except that the second-trust instrument in part does not comply with this chapter, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power:  (a) A provision in the second-trust instrument that is not permitted under this chapter is void to the extent necessary to comply with this chapter.   (b) A provision required by this chapter to be in the second-trust instrument that is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with this chapter.   (2) If a trustee or other fiduciary of a second trust determines that subsection (1) applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary's duties.   History: En. Sec. 22, Ch. 177, L. 2021.
MT Code § 72-39-219 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 2. Decanting|72-39-219. Trust for care of animal

  72-39-219. Trust for care of animal. (1) In this section:  (a) "Animal trust" means a trust or an interest in a trust created to provide for the care of one or more animals.   (b) "Protector" means a person appointed in an animal trust to enforce the trust on behalf of the animal or, if no such person is appointed in the trust, a person appointed by the court for that purpose.   (2) The decanting power may be exercised over an animal trust that has a protector to the extent the trust could be decanted under this chapter if each animal that benefits from the trust were an individual, if the protector consents in a signed record to the exercise of the power.   (3) A protector for an animal has the rights under this chapter of a qualified beneficiary.   (4) Notwithstanding any other provision of this chapter, if a first trust is an animal trust, in an exercise of the decanting power, the second trust must provide that trust property may be applied only to its intended purpose for the period the first trust benefitted the animal.   History: En. Sec. 23, Ch. 177, L. 2021.
MT Code § 72-39-220 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 2. Decanting|72-39-220. Terms of second trust

  72-39-220. Terms of second trust. A reference in Title 72, chapter 38, to a trust instrument or terms of the trust includes a second-trust instrument and the terms of the second trust.  History: En. Sec. 24, Ch. 177, L. 2021.
MT Code § 72-39-221 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 2. Decanting|72-39-221. Settlor

  72-39-221. Settlor. (1) For purposes of law of this state other than this chapter and subject to subsection (2), a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power.  (2) In determining settlor intent with respect to a second trust, the intent of a settlor of the first trust, a settlor of the second trust, and the authorized fiduciary may be considered.   History: En. Sec. 25, Ch. 177, L. 2021.
MT Code § 72-39-222 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 2. Decanting|72-39-222. Later-discovered property

  72-39-222. Later-discovered property. (1) Except as otherwise provided in subsection (3), if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust and property paid to or acquired by the first trust after the exercise of the power is part of the trust estate of the second trust or trusts.  (2) Except as otherwise provided in subsection (3), if exercise of the decanting power was intended to distribute less than all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power remains part of the trust estate of the first trust.   (3) An authorized fiduciary may provide in an exercise of the decanting power or by the terms of a second trust for disposition of later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power.   History: En. Sec. 26, Ch. 177, L. 2021.
MT Code § 72-39-223 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 2. Decanting|72-39-223. Obligations

  72-39-223. Obligations. A debt, liability, or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the second trust after exercise of the decanting power.  History: En. Sec. 27, Ch. 177, L. 2021.
MT Code § 72-39-301 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 3. Miscellaneous Provisions|72-39-301. Uniformity of application and construction

  72-39-301. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.  History: En. Sec. 28, Ch. 177, L. 2021.
MT Code § 72-39-302 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 3. Miscellaneous Provisions|72-39-302. Relation to electronic signatures in global and national commerce act

  72-39-302. Relation to electronic signatures in global and national commerce act. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).  History: En. Sec. 29, Ch. 177, L. 2021.
MT Code § 72-39-303 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 3. Miscellaneous Provisions|72-39-303. Common law of trusts -- principles of equity

  72-39-303. Common law of trusts -- principles of equity. The common law of trusts and principles of equity supplement this chapter except to the extent modified by this chapter or another statute of this state.  History: En. Sec. 30, Ch. 177, L. 2021.
MT Code § 72-40-101 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 40. Uniform Directed Trust Act|Part 1. General Provisions|72-40-101. Short title

  72-40-101. Short title. This part may be cited as the "Uniform Directed Trust Act".  History: En. Sec. 1, Ch. 325, L. 2021.