Montana § 72-2-1004 Reformation

Montana Statutes

§ 72-2-1004 — Reformation

Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 2 UPC -- INTESTACY, WILLS, AND DONATIVE TRANSFERS·Part 10 Uniform Statutory Rule Against Perpetuities -- Honorary Trusts

72-2-1004 . Reformation. Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and that is within the 90 years allowed by 72-2-1002 (1)(b), (2)(b), or (3)(b) if:

(1)a nonvested property interest or a power of appointment becomes invalid under 72-2-1002 ;

(2)a class gift is not but might become invalid under 72-2-1002 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or

(3)a nonvested property interest that is not validated by 72-2-1002 (1)(a) can vest but not within 90 years after its creation.

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72-2-1004 . Reformation. Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and that is within the 90 years allowed by 72-2-1002 (1)(b), (2)(b), or (3)(b) if:
(1) a nonvested property interest or a power of appointment becomes invalid under 72-2-1002 ;
(2) a class gift is not but might become invalid under 72-2-1002 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or
(3) a nonvested property interest that is not validated by 72-2-1002 (1)(a) can vest but not within 90 years after its creation.

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