reglab/housing_qa huggingface dataset:
MT Code § 72-38-1001 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 10. Liability of Trustees and Rights of Persons Dealing with Trustee|72-38-1001. Remedies for breach of trust

  72-38-1001. Remedies for breach of trust. (1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.   (2) To remedy a breach of trust that has occurred or may occur, the court may:   (a) compel the trustee to perform the trustee's duties;   (b) enjoin the trustee from committing a breach of trust;   (c) compel the trustee to redress a breach of trust by paying money, restoring property, or other means;   (d) order a trustee to account;   (e) appoint a special fiduciary to take possession of the trust property and administer the trust;   (f) suspend the trustee;   (g) remove the trustee as provided in 72-38-706;   (h) reduce or deny compensation to the trustee;   (i) subject to 72-38-1012, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or   (j) order any other appropriate relief.   History: En. Sec. 118, Ch. 264, L. 2013.
MT Code § 72-38-1002 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 10. Liability of Trustees and Rights of Persons Dealing with Trustee|72-38-1002. Damages for breach of trust

  72-38-1002. Damages for breach of trust. (1) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:   (a) any loss or depreciation in value of the trust estate resulting from the breach of trust, with interest;   (b) the profit the trustee made by reason of the breach of trust, with interest; or   (c) any profit that would have accrued to the trust estate if the loss of profit is the result of the breach of trust.   (2) Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the fiduciary duties of the trustee, the terms or purposes of the trust, or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.   (3) If the trustee is liable for interest pursuant to this section, interest must be determined as the greater of the following amounts:   (a) the amount of interest that accrues at the legal rate on judgments; or   (b) the amount of interest the trustee actually received as a result of the breach of trust.   History: En. Sec. 119, Ch. 264, L. 2013.
MT Code § 72-38-1003 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 10. Liability of Trustees and Rights of Persons Dealing with Trustee|72-38-1003. Damages in absence of breach

  72-38-1003. Damages in absence of breach. (1) A trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust.   (2) Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.   History: En. Sec. 120, Ch. 264, L. 2013.
MT Code § 72-38-1004 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 10. Liability of Trustees and Rights of Persons Dealing with Trustee|72-38-1004. Attorney fees and costs

  72-38-1004. Attorney fees and costs. In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.   History: En. Sec. 121, Ch. 264, L. 2013.
MT Code § 72-38-1005 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 10. Liability of Trustees and Rights of Persons Dealing with Trustee|72-38-1005. Limitation of action against trustee

  72-38-1005. Limitation of action against trustee. (1) A beneficiary may not commence a proceeding against a trustee for breach of trust more than 3 years after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding.   (2) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.   (3) If subsection (1) does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within 5 years after the first to occur of:   (a) the removal, resignation, or death of the trustee;   (b) the termination of the beneficiary's interest in the trust; or   (c) the termination of the trust.   History: En. Sec. 122, Ch. 264, L. 2013.
MT Code § 72-38-1006 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 10. Liability of Trustees and Rights of Persons Dealing with Trustee|72-38-1006. Reliance on trust instrument

  72-38-1006. Reliance on trust instrument. A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.   History: En. Sec. 123, Ch. 264, L. 2013.
MT Code § 72-38-1007 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 10. Liability of Trustees and Rights of Persons Dealing with Trustee|72-38-1007. Event affecting administration or distribution

  72-38-1007. Event affecting administration or distribution. If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge.   History: En. Sec. 124, Ch. 264, L. 2013.
MT Code § 72-38-1008 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 10. Liability of Trustees and Rights of Persons Dealing with Trustee|72-38-1008. Exculpation of trustee

  72-38-1008. Exculpation of trustee. (1) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:   (a) relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the fiduciary duties of the trustee, the terms or purposes of the trust, or the interests of the beneficiaries;   (b) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor; or   (c) relieves the trustee of accountability for profits derived from a breach of trust.   (2) An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.   History: En. Sec. 125, Ch. 264, L. 2013; amd. Sec. 4, Ch. 181, L. 2015.
MT Code § 72-38-1009 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 10. Liability of Trustees and Rights of Persons Dealing with Trustee|72-38-1009. Beneficiary's consent, release, or ratification

  72-38-1009. Beneficiary's consent, release, or ratification. A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach unless:   (1) the consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or   (2) at the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.   History: En. Sec. 126, Ch. 264, L. 2013.
MT Code § 72-38-1010 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 10. Liability of Trustees and Rights of Persons Dealing with Trustee|72-38-1010. Limitation on personal liability of trustee

  72-38-1010. Limitation on personal liability of trustee. (1) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.   (2) A trustee is personally liable for torts committed in the course of administering a trust or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.   (3) A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim.   History: En. Sec. 127, Ch. 264, L. 2013.
MT Code § 72-38-1011 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 10. Liability of Trustees and Rights of Persons Dealing with Trustee|72-38-1011. Interest as general partner

  72-38-1011. Interest as general partner. (1) Unless personal liability is imposed in the contract, a trustee who in the trustee's fiduciary capacity holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed pursuant to the Montana Uniform Partnership Act or the Montana Uniform Limited Partnership Act. The addition of the phrase "trustee" or "as trustee" or a similar designation to the signature of a trustee on a written contract is satisfactory disclosure of the fiduciary capacity.   (2) A trustee who, in the trustee's fiduciary capacity, holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest, but this does not affect the liability of the trustee for the trustee's own negligence, wrongful act, or misconduct.   (3) If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.   History: En. Sec. 128, Ch. 264, L. 2013.
MT Code § 72-38-1012 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 10. Liability of Trustees and Rights of Persons Dealing with Trustee|72-38-1012. Protection of person dealing with trustee

  72-38-1012. Protection of person dealing with trustee. (1) A person other than a beneficiary who in good faith assists a trustee or who in good faith and for value deals with a trustee without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power.   (2) A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.   (3) A person who in good faith delivers assets to a trustee need not ensure their proper application.   (4) A person other than a beneficiary who in good faith assists a former trustee or who in good faith and for value deals with a former trustee without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee.   (5) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.   History: En. Sec. 129, Ch. 264, L. 2013.
MT Code § 72-38-1101 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 11. Miscellaneous Provisions|72-38-1101. Uniformity of application and construction

  72-38-1101. Uniformity of application and construction. In applying and construing this chapter, 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. 131, Ch. 264, L. 2013.
MT Code § 72-38-1102 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 11. Miscellaneous Provisions|72-38-1102. Electronic records and signatures

  72-38-1102. Electronic records and signatures. The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or electronic signatures and of contracts formed or performed with the use of such records or signatures conform to the requirements of section 102 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7002) and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act.   History: En. Sec. 132, Ch. 264, L. 2013.
MT Code § 72-38-1103 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 11. Miscellaneous Provisions|72-38-1103. through 72-38-1110 reserved

  72-38-1103 through 72-38-1110 reserved.
MT Code § 72-39-101 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 1. General Provisions|72-39-101. Short title

  72-39-101. Short title. This chapter may be cited as the "Uniform Trust Decanting Act".  History: En. Sec. 1, Ch. 177, L. 2021.
MT Code § 72-39-103 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 1. General Provisions|72-39-103. Scope

  72-39-103. Scope. (1) Except as provided in subsections (2) and (3), this chapter applies to an express trust that is irrevocable or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest.  (2) This chapter does not apply to a trust held solely for charitable purposes.   (3) Subject to 72-39-211, a trust instrument may restrict or prohibit exercise of the decanting power.   (4) This chapter does not limit the power of a trustee, powerholder, or other person to distribute or appoint property in further trust or to modify a trust under the trust instrument, law of this state other than this chapter, common law, a court order, or a nonjudicial settlement agreement.   (5) This chapter does not affect the ability of a settlor to provide in a trust instrument for the distribution of the trust property or appointment in further trust of the trust property or for modification of the trust instrument.   History: En. Sec. 3, Ch. 177, L. 2021.
MT Code § 72-39-104 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 1. General Provisions|72-39-104. Application -- governing law

  72-39-104. Application -- governing law. This chapter applies to a trust created before, on, or after October 1, 2021 that:  (1) has its principal place of administration in this state, including a trust whose principal place of administration has been changed to this state; or   (2) provides by its trust instrument that is governed by the law of this state or is governed by the law of this state for the purpose of:   (a) administration, including administration of a trust whose governing law for purposes of administration has been changed to the law of this state;   (b) construction of terms of the trust; or   (c) determining the meaning or effect of terms of the trust.   History: En. Sec. 5, Ch. 177, L. 2021.
MT Code § 72-39-201 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 2. Decanting|72-39-201. Fiduciary duty

  72-39-201. Fiduciary duty. (1) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust.  (2) This chapter does not create or imply a duty to exercise the decanting power or to inform beneficiaries about the applicability of this chapter.   (3) Except as otherwise provided in a first-trust instrument, for purposes of this chapter and 72-38-801 and 72-38-802(1), the terms of the first trust are deemed to include the decanting power.   History: En. Sec. 4, Ch. 177, L. 2021.
MT Code § 72-39-202 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 2. Decanting|72-39-202. Reasonable reliance

  72-39-202. Reasonable reliance. A trustee or other person that reasonably relies on the validity of a distribution of part or all of the property of a trust to another trust, or a modification of a trust, under this chapter, law of this state other than this chapter, or the law of another jurisdiction is not liable to any person for any action or failure to act as a result of the reliance.  History: En. Sec. 6, Ch. 177, L. 2021.
MT Code § 72-39-203 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 2. Decanting|72-39-203. Notice -- exercise of decanting power

  72-39-203. Notice -- exercise of decanting power. (1) In this section, a notice period begins on the day notice is given under subsection (3) and ends 60 days after the day notice is given.  (2) Except as otherwise provided in this chapter, an authorized fiduciary may exercise the decanting power without the consent of any person and without court approval.   (3) Except as otherwise provided in subsection (6), an authorized fiduciary shall give notice in a record of the intended exercise of the decanting power not later than 60 days, exclusive of the day notice is given, before the exercise to:   (a) each settlor of the first trust, if living or then in existence;   (b) each qualified beneficiary of the first trust;   (c) each holder of a presently exercisable power of appointment over any part or all of the first trust;   (d) each person that currently has the right to remove or replace the authorized fiduciary;   (e) each other fiduciary of the first trust;   (f) each fiduciary of the second trust; and   (g) the attorney general, if 72-39-210(2) applies.   (4) An authorized fiduciary is not required to give notice under subsection (3) to a person that is not known to the fiduciary or is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence.   (5) A notice under subsection (3) must:   (a) specify the manner in which the authorized fiduciary intends to exercise the decanting power;   (b) specify the proposed effective date for exercise of the power;   (c) include a copy of the first-trust instrument; and   (d) include a copy of all second-trust instruments.   (6) The decanting power may be exercised before expiration of the notice period under subsection (1) if all persons entitled to receive notice waive the period in a signed record.   (7) The receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under 72-39-205 asserting that:   (a) an attempted exercise of the decanting power is ineffective because it did not comply with this chapter or was an abuse of discretion or breach of fiduciary duty; or   (b) 72-39-218 applies to the exercise of the decanting power.   (8) An exercise of the decanting power is not ineffective because of the failure to give notice to one or more persons under subsection (3) if the authorized fiduciary acted with reasonable care to comply with subsection (3).   History: En. Sec. 7, Ch. 177, L. 2021.
MT Code § 72-39-204 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 39. Uniform Trust Decanting Act|Part 2. Decanting|72-39-204. Representation

  72-39-204. Representation. (1) Notice to a person with authority to represent and bind another person under a first-trust instrument or Title 72, chapter 38, part 3, has the same effect as notice given directly to the person represented.  (2) Consent of or waiver by a person with authority to represent and bind another person under a first-trust instrument or Title 72, chapter 38, part 3, is binding on the person represented unless the person represented objects to the representation before the consent or waiver otherwise would become effective.   (3) A person with authority to represent and bind another person under a first-trust instrument or Title 72, chapter 38, part 3, may file an application under 72-39-205 on behalf of the person represented.   (4) A settlor may not represent or bind a beneficiary under this chapter.   History: En. Sec. 8, Ch. 177, L. 2021.