reglab/housing_qa huggingface dataset:
MT Code § 72-38-302 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 3. Representation|72-38-302. Representation by holder of general testamentary power of appointment

  72-38-302. Representation by holder of general testamentary power of appointment. To the extent there is no conflict of interest between the holder of a general testamentary power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power.   History: En. Sec. 46, Ch. 264, L. 2013.
MT Code § 72-38-303 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 3. Representation|72-38-303. Representation by fiduciaries and parents

  72-38-303. Representation by fiduciaries and parents. To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:   (1) a conservator may represent and bind the estate that the conservator controls;   (2) a guardian may represent and bind the ward if a conservator of the ward's estate has not been appointed;   (3) an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;   (4) a trustee may represent and bind the beneficiaries of the trust;   (5) a personal representative of a decedent's estate may represent and bind persons interested in the estate; and   (6) a parent may represent and bind the parent's minor or unborn child if a conservator or guardian for the child has not been appointed. The parent entitled to represent and bind the child is determined in the following order of priority:   (a) the parent who is a lineal descendant of a settlor;   (b) the parent who is a beneficiary of the trust that is the subject of the representation;   (c) the parent with legal custody of the child; and   (d) if one parent cannot be determined pursuant to the preceding criteria and if a disagreement arises between the parents seeking to represent the same child, a guardian ad litem must be appointed to represent the minor child.   History: En. Sec. 47, Ch. 264, L. 2013.
MT Code § 72-38-304 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 3. Representation|72-38-304. Representation by person having substantially identical interest

  72-38-304. Representation by person having substantially identical interest. Unless otherwise represented, a minor, incapacitated, or unborn individual or a person whose identity or location is unknown and not reasonably ascertainable may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented.   History: En. Sec. 48, Ch. 264, L. 2013.
MT Code § 72-38-305 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 3. Representation|72-38-305. Appointment of representative

  72-38-305. Appointment of representative. (1) If the court determines that an interest is not represented under this part or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual or a person whose identity or location is unknown. A representative may be appointed to represent several persons or interests.   (2) A representative may act on behalf of the individual represented with respect to any matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending.   (3) In making decisions, a representative may consider general benefit accruing to the living members of the individual's family.   History: En. Sec. 49, Ch. 264, L. 2013.
MT Code § 72-38-401 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 4. Creation, Validity, Modification, and Termination of Trust|72-38-401. Methods of creating trust

  72-38-401. Methods of creating trust. A trust may be created by:   (1) transfer of property to a person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death;   (2) declaration by the owner of property that the owner holds identifiable property as trustee; or   (3) exercise of a power of appointment in favor of a trustee.   History: En. Sec. 50, Ch. 264, L. 2013.
MT Code § 72-38-402 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 4. Creation, Validity, Modification, and Termination of Trust|72-38-402. Requirements for creation

  72-38-402. Requirements for creation. (1) A trust is created only if:   (a) the settlor has capacity to create a trust;   (b) the settlor indicates an intention to create the trust;   (c) the trust has a definite beneficiary or is:   (i) a charitable trust;   (ii) a trust for the care of an animal, as provided in 72-38-408; or   (iii) a trust for a noncharitable purpose, as provided in 72-38-409;   (d) the trustee has duties to perform; and   (e) the same person is not the sole trustee and sole beneficiary.   (2) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.   (3) A power in a trustee 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.   (4) A conservation easement created or conveyed under Title 76, chapter 6, does not create a charitable trust unless the settlor expresses a clear intention in the conservation easement instrument to create or convey the conservation easement as a charitable trust.   History: En. Sec. 51, Ch. 264, L. 2013.
MT Code § 72-38-403 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 4. Creation, Validity, Modification, and Termination of Trust|72-38-403. Trusts created in other jurisdictions

  72-38-403. Trusts created in other jurisdictions. A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed or the law of the jurisdiction in which, at the time of creation:   (1) the settlor was domiciled, had a place of abode, or was a national;   (2) a trustee was domiciled or had a place of business; or   (3) any trust property was located.   History: En. Sec. 52, Ch. 264, L. 2013.
MT Code § 72-38-404 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 4. Creation, Validity, Modification, and Termination of Trust|72-38-404. Trust purposes

  72-38-404. Trust purposes. A trust may be created only to the extent its purposes are lawful, not contrary to public policy, and possible to achieve. A trust and its terms must be for the benefit of its beneficiaries.   History: En. Sec. 53, Ch. 264, L. 2013.
MT Code § 72-38-405 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 4. Creation, Validity, Modification, and Termination of Trust|72-38-405. Charitable purposes -- enforcement

  72-38-405. Charitable purposes -- enforcement. (1) A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which is beneficial to the community.   (2) If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor's intention to the extent it can be ascertained.   (3) A proceeding to enforce a charitable trust may be brought by the settlor, the attorney general, a charitable organization expressly named in the trust to receive distributions, or any other person with standing.   History: En. Sec. 54, Ch. 264, L. 2013.
MT Code § 72-38-406 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 4. Creation, Validity, Modification, and Termination of Trust|72-38-406. Creation of trust induced by fraud, duress, or undue influence

  72-38-406. Creation of trust induced by fraud, duress, or undue influence. A trust is void to the extent its creation was induced by fraud, duress, or undue influence.   History: En. Sec. 55, Ch. 264, L. 2013.
MT Code § 72-38-407 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 4. Creation, Validity, Modification, and Termination of Trust|72-38-407. Statute of frauds

  72-38-407. Statute of frauds. A trust is not valid unless evidenced by one of the following methods:   (1) by a written instrument signed by the trustee or by the trustee's agent if authorized in writing to do so;   (2) by a written instrument signed by the settlor or by the settlor's agent if authorized in writing to do so; or   (3) by operation of law.   History: En. Sec. 56, Ch. 264, L. 2013.
MT Code § 72-38-408 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 4. Creation, Validity, Modification, and Termination of Trust|72-38-408. Trust for care of animal

  72-38-408. Trust for care of animal. (1) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal.   (2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.   (3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, and otherwise to the settlor's successors in interest.   History: En. Sec. 57, Ch. 264, L. 2013.
MT Code § 72-38-409 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 4. Creation, Validity, Modification, and Termination of Trust|72-38-409. Noncharitable trust without ascertainable beneficiary

  72-38-409. Noncharitable trust without ascertainable beneficiary. Except as otherwise provided in 72-38-408 or by another statute, the following rules apply:   (1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for more than 21 years.   (2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court.   (3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, and otherwise to the settlor's successors in interest.   History: En. Sec. 58, Ch. 264, L. 2013.
MT Code § 72-38-410 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 4. Creation, Validity, Modification, and Termination of Trust|72-38-410. Modification or termination of trust -- proceedings for approval or disapproval

  72-38-410. Modification or termination of trust -- proceedings for approval or disapproval. (1) In addition to the methods of termination prescribed by 72-38-411 through 72-38-414, a trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved, or the purposes of the trust have become unlawful, contrary to public policy, or impossible to achieve.   (2) A proceeding to approve or disapprove a proposed modification or termination under 72-38-411 through 72-38-416 or a trust combination or division under 72-38-417 may be commenced by a trustee or beneficiary, and a proceeding to approve or disapprove a proposed modification or termination under 72-38-411 may be commenced by the settlor. The settlor of a charitable trust may maintain a proceeding to modify the trust under 72-38-413.   History: En. Sec. 59, Ch. 264, L. 2013.
MT Code § 72-38-411 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 4. Creation, Validity, Modification, and Termination of Trust|72-38-411. Modification or termination of irrevocable trust by consent

  72-38-411. Modification or termination of irrevocable trust by consent. (1) An irrevocable trust may be modified or terminated upon consent of the settlor and all beneficiaries, even if the modification or termination is inconsistent with a material noncharitable purpose of the trust. Modification or termination of a charitable trust requires the consent of the attorney general. A settlor's power to consent to a trust's modification or termination may be exercised by an agent under a power of attorney only to the extent expressly authorized by the power of attorney and the terms of the trust; by the settlor's conservator with the approval of the court supervising the conservatorship if an agent is not so authorized; or by the settlor's guardian with the approval of the court supervising the guardianship if an agent is not so authorized and a conservator has not been appointed. This subsection does not apply to irrevocable trusts created before or to revocable trusts that became irrevocable before October 1, 1989.   (2) An irrevocable trust may be terminated upon consent of all of the beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. An irrevocable trust may be modified upon consent of all of the beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust. Modification or termination of a charitable trust requires the consent of the attorney general.   (3) A spendthrift provision in the terms of the trust is presumed to constitute a material purpose of the trust.   (4) Upon termination of a trust under subsection (1) or (2), the trustee shall distribute the trust property as agreed by the beneficiaries. In the case of a charitable trust, the trust property must be distributed in accord with the terms of the trust, and in the absence of applicable terms, consistent with the charitable purposes of the trust as agreed by the attorney general and the beneficiaries or, if there are no charitable organizations with the rights of a beneficiary and the termination is pursuant to subsection (1), then as agreed by the settlor and the attorney general, but if the termination is pursuant to subsection (2), then as decided by the court.   (5) If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection (1) or (2), the modification or termination may be approved by the court if the court is satisfied that:   (a) if all of the beneficiaries had consented, the trust could have been modified or terminated under this section; and   (b) the interests of a beneficiary who does not consent will be adequately protected.   History: En. Sec. 60, Ch. 264, L. 2013.
MT Code § 72-38-412 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 4. Creation, Validity, Modification, and Termination of Trust|72-38-412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively

  72-38-412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively. (1) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.   (2) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.   (3) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.   History: En. Sec. 61, Ch. 264, L. 2013.
MT Code § 72-38-413 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 4. Creation, Validity, Modification, and Termination of Trust|72-38-413. Cy pres

  72-38-413. Cy pres. (1) Except as otherwise provided in subsection (2), if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful:   (a) the trust does not fail, in whole or in part;   (b) the trust property does not revert to the settlor or the settlor's successors in interest; and   (c) the court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes.   (2) A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under subsection (1) to apply cy pres to modify or terminate the trust only if, when the provision takes effect:   (a) the trust property is to revert to the settlor and the settlor is still living; or   (b) fewer than 21 years have elapsed since the date of the trust's creation.   History: En. Sec. 62, Ch. 264, L. 2013.
MT Code § 72-38-414 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 4. Creation, Validity, Modification, and Termination of Trust|72-38-414. Modification or termination of uneconomic trust

  72-38-414. Modification or termination of uneconomic trust. (1) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value less than $100,000 may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration.   (2) The court may modify or terminate a trust or remove the trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration.   (3) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.   History: En. Sec. 63, Ch. 264, L. 2013.
MT Code § 72-38-415 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 4. Creation, Validity, Modification, and Termination of Trust|72-38-415. Reformation to correct mistakes

  72-38-415. Reformation to correct mistakes. The court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor's intention if it is proved by clear and convincing evidence what the settlor's intention was and that the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.   History: En. Sec. 64, Ch. 264, L. 2013.
MT Code § 72-38-416 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 4. Creation, Validity, Modification, and Termination of Trust|72-38-416. Modification to achieve settlor's tax objectives

  72-38-416. Modification to achieve settlor's tax objectives. To achieve the settlor's tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the settlor's probable intention. The court may provide that the modification has retroactive effect.   History: En. Sec. 65, Ch. 264, L. 2013.
MT Code § 72-38-417 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 4. Creation, Validity, Modification, and Termination of Trust|72-38-417. Combination and division of trusts

  72-38-417. Combination and division of trusts. After notice to the qualified beneficiaries, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts if the result does not impair rights of any beneficiary or adversely affect achievement of the purposes of the trust.   History: En. Sec. 66, Ch. 264, L. 2013.
MT Code § 72-38-501 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 5. Creditor's Claims -- Spendthrift and Discretionary Trusts|72-38-501. Rights of beneficiary's creditor or assignee

  72-38-501. Rights of beneficiary's creditor or assignee. To the extent a beneficiary's interest is not subject to a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means. The court may limit the award to the relief that is appropriate under the circumstances.   History: En. Sec. 67, Ch. 264, L. 2013.
MT Code § 72-38-502 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 5. Creditor's Claims -- Spendthrift and Discretionary Trusts|72-38-502. Spendthrift provision

  72-38-502. Spendthrift provision. (1) A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest.   (2) A term of a trust providing that the interest of a beneficiary is held subject to a "spendthrift trust", or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary's interest.   (3) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision, and except as otherwise provided in this part, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary.   History: En. Sec. 68, Ch. 264, L. 2013.
MT Code § 72-38-503 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 5. Creditor's Claims -- Spendthrift and Discretionary Trusts|72-38-503. reserved

  72-38-503 reserved.