reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 38. Montana Uniform Trust Code › Part 2. Judicial Proceedings › 72-38-208. Application

72-38-208. Application.
Sections 72-38-209 through 72-38-212 apply to notice in proceedings commenced pursuant to Title 72, chapter 38, part 2.
History: En. Sec. 31, Ch. 264, L. 2013.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 38. Montana Uniform Trust Code › Part 2. Judicial Proceedings › 72-38-209. Notice -- method and time of giving

72-38-209. Notice -- method and time of giving.
(1) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided in this chapter, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or the person's attorney if the person has appeared by attorney or requested that notice be sent to the person's attorney.
(2) Notice must be given:
(a) by mailing a copy of the notice at least 14 days before the time set for the hearing by certified mail or ordinary first-class mail addressed to the person being notified at the post-office address given in the person's demand for notice, if any, or at the person's office or place of residence, if known;
(b) by delivering a copy of the notice to the person being notified personally at least 14 days before the time set for the hearing; or
(c) if the address or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing the notice in a weekly paper once a week for 3 consecutive weeks and, if in a newspaper published more often than once a week, by publishing on at least 3 different days of publication. There must be at least 10 days from the first to the last day of publication, both the first and last day being included.
(3) The court for good cause shown may provide for a different method or time of giving notice for any hearing.
(4) Proof of the giving of notice must be made on or before the hearing and filed in the proceeding. If it appears to the satisfaction of the court that notice has been regularly given or that the party entitled to notice has waived, the court shall so find in its order. When the order becomes final, it is conclusive on all persons, whether or not in being.
History: En. Sec. 32, Ch. 264, L. 2013.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 38. Montana Uniform Trust Code › Part 2. Judicial Proceedings › 72-38-210. Waiver of notice

72-38-210. Waiver of notice.
A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by the person or the person's attorney and filed in the proceeding.
History: En. Sec. 33, Ch. 264, L. 2013.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 38. Montana Uniform Trust Code › Part 2. Judicial Proceedings › 72-38-212. Additional notice

72-38-212. Additional notice.
(1) The court may, on its own motion or on motion of a trustee or other person interested in the trust, require that further or additional notice be given at any stage of the proceeding. The court may prescribe the form and method of the notice to be given.
(2) A petitioner or other person required to give notice may cause notice to be given to any person interested in the trust without the need for a court order.
History: En. Sec. 35, Ch. 264, L. 2013.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 38. Montana Uniform Trust Code › Part 2. Judicial Proceedings › 72-38-213. Petitioners -- grounds for petition

72-38-213. Petitioners -- grounds for petition.
(1) Except as provided in 72-38-603, a trustee or beneficiary of a trust may petition the court under this chapter concerning the internal affairs of the trust or to determine the existence of the trust.
(2) Proceedings concerning the internal affairs of a trust include but are not limited to proceedings for any of the following purposes:
(a) determining questions of construction of a trust instrument;
(b) determining the existence or nonexistence of any immunity, power, privilege, duty, or right;
(c) determining the validity of a trust provision;
(d) ascertaining beneficiaries and determining to whom property must pass or be delivered upon final or partial termination of the trust, to the extent the determination is not made by the trust instrument;
(e) settling the accounts and passing upon the acts of the trustee, including the exercise of discretionary powers;
(f) instructing the trustee;
(g) compelling the trustee to provide information about the trust or submit a report to a qualified beneficiary if:
(i) the trustee has failed to provide information or submit a requested report within 60 days after written request of the qualified beneficiary; and
(ii) in the case of a report, no report has been made within 6 months preceding the request;
(h) granting powers to the trustee;
(i) fixing or allowing payment of the trustee's compensation;
(j) appointing or removing a trustee;
(k) accepting the resignation of a trustee;
(l) compelling redress of a breach of the trust by any available remedy;
(m) approving or directing the modification or termination of the trust;
(n) approving or directing the combination or division of trusts;
(o) amending or conforming the trust instrument in the manner required to qualify a decedent's estate for the charitable estate tax deduction under federal law, including the addition of mandatory governing instrument requirements for a charitable remainder trust as required by final regulations and rulings of the United States Internal Revenue Service, in any case in which all parties interested in the trust have submitted written agreement to the proposed changes or written disclaimer of interest;
(p) authorizing or directing transfer of a trust or trust property to or from another jurisdiction;
(q) directing transfer of a testamentary trust subject to continuing court jurisdiction from one county to another;
(r) approving removal of a testamentary trust from continuing court jurisdiction; or
(s) reforming or excusing compliance with the governing instrument of an organization pursuant to 72-38-825.
History: En. Sec. 36, Ch. 264, L. 2013.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 38. Montana Uniform Trust Code › Part 2. Judicial Proceedings › 72-38-214. Commencement of proceedings

72-38-214. Commencement of proceedings.
(1) A proceeding under this chapter is commenced by filing a verified petition stating facts showing that the petition is authorized under this chapter and the grounds of the petition.
(2) The following pleadings are specifically permitted:
(a) a petition filed pursuant to this chapter;
(b) a report or account filed in regard to a petition filed pursuant to this chapter; and
(c) an objection or response filed in regard to a petition, report, or account filed pursuant to this chapter.
(3) When a petition that requires a hearing is filed with the court clerk, the clerk shall set the matter for hearing.
(4) Except as provided in 25-4-203 regarding verification by an agent or attorney, all pleadings described in subsection (2) must be verified as follows:
(a) A petition must be verified by the petitioner or, if there are two or more parties joining in the petition, by any one of the petitioners.
(b) A report or account must be verified by the person who has the duty to make the report or, if there are two or more persons having a duty to report, by any one of the persons having the duty.
(c) An objection or response must be verified by the objector or respondent or, if there are two or more parties joining in the objection or response, by any one of the objectors or respondents.
(5) In any trust proceeding, an affidavit or verified petition must be received as evidence when offered in an uncontested proceeding under this chapter.
(6) In addition to the verification required by 25-4-203 and subsection (5), every pleading filed in connection with any trust proceeding must be signed by the attorney of the person filing the pleading if the person is represented by an attorney.
(7) Nothing in this chapter precludes the commencement, within a decedent's probate, of a trust proceeding for the construction of a testamentary trust, provided the probate has not previously been closed pursuant to Title 72, chapter 3, part 10.
History: En. Sec. 37, Ch. 264, L. 2013.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 38. Montana Uniform Trust Code › Part 2. Judicial Proceedings › 72-38-215. Dismissal of petition

72-38-215. Dismissal of petition.
The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the trustee or beneficiary.
History: En. Sec. 38, Ch. 264, L. 2013.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 38. Montana Uniform Trust Code › Part 2. Judicial Proceedings › 72-38-216. Request for special notice

72-38-216. Request for special notice.
(1) If proceedings involving a trust are pending, a beneficiary of the trust may, in person or by attorney, serve on the trustee or the trustee's attorney and file with the court clerk where the proceedings are pending a written request stating that the beneficiary desires special notice of the filing of all pleadings in the proceeding relating to any or all of the purposes described in 72-38-213 and giving an address for receiving notice by mail. Proof of service of the request on the trustee must be filed with the court clerk when the request is filed.
(2) Except as provided in subsection (3), after serving and filing a request and proof of service pursuant to subsection (1), the beneficiary is entitled to notice pursuant to 72-38-209.
(3) A request for special notice made by a beneficiary whose right to notice is restricted by 72-38-603 is not effective.
History: En. Sec. 39, Ch. 264, L. 2013.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 38. Montana Uniform Trust Code › Part 2. Judicial Proceedings › 72-38-217. Request for copy of petition

72-38-217. Request for copy of petition.
If a trustee or beneficiary has served and filed either a notice of appearance, in person or by counsel, directed to the petitioner or the petitioner's counsel in connection with a particular petition and proceeding or a written request for a copy of the petition and has given an address to which notice or a copy of the petition may be mailed or delivered, the petitioner shall mail a copy of the petition to the trustee or beneficiary within 5 days after service of the notice of appearance or receipt of the request.
History: En. Sec. 40, Ch. 264, L. 2013.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 38. Montana Uniform Trust Code › Part 2. Judicial Proceedings › 72-38-218. Authority to make necessary orders -- temporary trustee

72-38-218. Authority to make necessary orders -- temporary trustee.
The court in its discretion may make any orders and take any other action necessary or proper to dispose of the matters presented by the petition, including appointment of a temporary trustee to administer the trust in whole or in part.
History: En. Sec. 41, Ch. 264, L. 2013.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 38. Montana Uniform Trust Code › Part 2. Judicial Proceedings › 72-38-219. Appeal

72-38-219. Appeal.
An appeal may be taken from the grant or denial of any final order made under this chapter except the following:
(1) compelling the trustee to provide information or submit a report to a qualified beneficiary pursuant to 72-38-213(2)(g);
(2) accepting the resignation of a trustee pursuant to 72-38-213(2)(k); or
(3) approving removal of a testamentary trust from continuing court jurisdiction pursuant to 72-38-213(2)(r).
History: En. Sec. 42, Ch. 264, L. 2013.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 38. Montana Uniform Trust Code › Part 2. Judicial Proceedings › 72-38-220. Intermittent judicial intervention in trust administration

72-38-220. Intermittent judicial intervention in trust administration.
The administration of trusts is intended to proceed expeditiously and free of judicial intervention, subject to the jurisdiction of the court.
History: En. Sec. 43, Ch. 264, L. 2013.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 38. Montana Uniform Trust Code › Part 2. Judicial Proceedings › 72-38-221. Enforcement of beneficiary's rights under charitable trust by attorney general

72-38-221. Enforcement of beneficiary's rights under charitable trust by attorney general.
In a case involving a charitable trust subject to the jurisdiction of the attorney general, the attorney general may petition under this chapter.
History: En. Sec. 44, Ch. 264, L. 2013.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 38. Montana Uniform Trust Code › Part 3. Representation › 72-38-301. Representation -- basic effect

72-38-301. Representation -- basic effect.
(1) Notice to a person who may represent and bind another person under this part has the same effect as if notice were given directly to the other person.
(2) The consent of a person who may represent and bind another person under this part is binding on the person represented unless the person represented objects to the representation by notifying the trustee or representative before the consent would otherwise have become effective.
(3) Except as otherwise provided in 72-38-411 and 72-38-602, a person who under this part may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.
(4) A settlor may not represent and bind a beneficiary under this part with respect to the termination or modification of a trust under 72-38-411(1).
(5) In the event of a conflict between this part and part 2 of this chapter, the provisions of part 2 must supersede the contrary provisions in this part.
History: En. Sec. 45, Ch. 264, L. 2013; amd. Sec. 33, Ch. 55, L. 2015; amd. Sec. 2, Ch. 181, L. 2015.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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) For the purposes of this section, a spendthrift provision in the terms of the trust is not 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; amd. Sec. 6, Ch. 564, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 › 72-38-504. Discretionary trusts -- effect of standard

72-38-504. Discretionary trusts -- effect of standard.
(1) Whether or not a trust contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is subject to the trustee's discretion even if:
(a) the discretion is expressed in the form of a standard of distribution; or
(b) the trustee has abused the discretion.
(2) This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution.
(3) If the trustee's or cotrustee's discretion to make distributions for the trustee's or cotrustee's own benefit is limited by an ascertainable standard, a creditor may not reach or compel distribution of the beneficial interest except to the extent the interest would be subject to the creditor's claim were the beneficiary not acting as trustee or cotrustee.
History: En. Sec. 69, Ch. 264, L. 2013.
2023 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 › 72-38-505. Creditor's claim against settlor

72-38-505. Creditor's claim against settlor.
(1) Whether or not the terms of a trust contain a spendthrift provision, the following rules apply:
(a) During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors.
(b) With respect to an irrevocable trust, a creditor or assignee of the settlor may reach the maximum amount that can be distributed to or for the settlor's benefit. If a trust has more than one settlor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution. A trustee's discretionary authority to pay directly or to reimburse the settlor for any tax that is payable by the settlor on trust income or principal may not be considered to be an amount that can be distributed to or for the settlor's benefit, and a creditor or assignee of the settlor is not entitled to reach any amount solely by reason of this discretionary authority.
(c) After the death of a settlor, and subject to the settlor's right to direct the source from which liabilities will be paid, the property of a trust that was revocable at the settlor's death is subject to claims of the settlor's creditors, costs of administration of the settlor's estate, the expenses of the settlor's funeral and disposal of remains, and statutory allowances to a surviving spouse and children to the extent the settlor's probate estate is inadequate to satisfy those claims, costs, expenses, and allowances.
(2) For purposes of this section:
(a) during the period the power may be exercised, the holder of a power of withdrawal is treated in the same manner as the settlor of a revocable trust to the extent of the property subject to the power; and
(b) upon the lapse, release, or waiver of the power, the holder is treated as the settlor of the trust only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in section 2041(b)(2) or 2514(e) of the Internal Revenue Code of 1986, or section 2503(b) of the Internal Revenue Code of 1986, in each case as in effect on the effective date of this chapter or as later amended.
History: En. Sec. 70, Ch. 264, L. 2013.
2023 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 › 72-38-506. Overdue distribution

72-38-506. Overdue distribution.
(1) (a) In this section, "mandatory distribution" means a distribution of income or principal that the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust.
(b) The term does not include a distribution subject to the exercise of the trustee's discretion even if:
(i) the discretion is expressed in the form of a standard of distribution; or
(ii) the terms of the trust authorizing a distribution couple language of discretion with language of direction.
(2) Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date.
History: En. Sec. 71, Ch. 264, L. 2013.
2023 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 › 72-38-507. Personal obligations of trustee

72-38-507. Personal obligations of trustee.
Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt.
History: En. Sec. 72, Ch. 264, L. 2013.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 38. Montana Uniform Trust Code › Part 6. Revocable Trusts › 72-38-601. Capacity of settlor of revocable trust

72-38-601. Capacity of settlor of revocable trust.
The capacity required to create, amend, revoke, or add property to a revocable trust or to direct the actions of the trustee of a revocable trust is the same as that required to make a will.
History: En. Sec. 73, Ch. 264, L. 2013.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 38. Montana Uniform Trust Code › Part 6. Revocable Trusts › 72-38-602. Revocation or amendment of revocable trust

72-38-602. Revocation or amendment of revocable trust.
(1) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before October 1, 1989.
(2) If a revocable trust is created or funded by more than one settlor:
(a) to the extent the trust consists of community property, the trust may be revoked by either party acting alone but may be amended only by joint action of both parties;
(b) to the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard the portion of the trust property attributable to that settlor's contribution; and
(c) upon the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall promptly provide notice to the other settlors of the revocation or amendment.
(3) The settlor may revoke or amend a revocable trust:
(a) by substantial compliance with a method provided in the terms of the trust; or
(b) if the terms of the trust do not provide a method, by a writing delivered to the trustee manifesting clear and convincing evidence of the settlor's intent.
(4) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs. However, with respect to community property under subsection (2)(a), the trustee shall deliver the property to the respective spouses, proportionate to their respective shares of the community property as prescribed by the laws of the state out of which the community property interest arose, and the nonrevoking spouse may elect to have the trust continue with respect to that spouse's share of the community property.
(5) A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust and the power of attorney.
(6) A conservator of the settlor or, if no conservator has been appointed, a guardian of the settlor may exercise a settlor's powers with respect to revocation, amendment, or distribution of trust property only with the approval of the court supervising the conservatorship or guardianship.
(7) A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.
History: En. Sec. 74, Ch. 264, L. 2013.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 38. Montana Uniform Trust Code › Part 6. Revocable Trusts › 72-38-603. Settlor's powers -- powers of withdrawal

72-38-603. Settlor's powers -- powers of withdrawal.
(1) To the extent a trust is revocable by a settlor, a trustee may follow a direction of the settlor that is contrary to the terms of the trust. To the extent a trust is revocable by a settlor in conjunction with a person other than a trustee or person holding an adverse interest, the trustee may follow a direction from the settlor and the other person holding the power to revoke even if the direction is contrary to the terms of the trust.
(2) To the extent a trust is revocable, rights of the beneficiaries are subject to the control of the settlor and the duties of the trustee, including the duty to provide notice, are owed exclusively to the settlor.
(3) During the period the power may be exercised, the holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power.
History: En. Sec. 75, Ch. 264, L. 2013; amd. Sec. 22, Ch. 325, L. 2021.