Montana Statutes
§ 72-2-827 — Disclaimer Of Power Held In Fiduciary Capacity
Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 2 UPC -- INTESTACY, WILLS, AND DONATIVE TRANSFERS·Part 8 General Provisions Concerning Probate and Nonprobate Transfers
72-2-827 . Disclaimer of power held in fiduciary capacity.
(1)If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
(2)If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power.
(3)A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting.
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Legislative History
En. Sec. 49, Ch. 313, L. 2019.
Nearby Sections
15
§ 72-2-1001
Short Title§ 72-2-1002
Statutory Rule Against Perpetuities§ 72-2-1004
Reformation§ 72-2-1006
Prospective Application§ 72-2-1007
Uniformity Of Application And Construction§ 72-2-1008
Through 72-2-1016 Reserved§ 72-2-101
Renumbered 72-2-811§ 72-2-1017
Honorary Trusts -- Trusts For Pets§ 72-2-102
Renumbered 72-2-224§ 72-2-103
Renumbered 72-2-812§ 72-2-104
Renumbered 72-2-813§ 72-2-105
Renumbered 72-2-534§ 72-2-106
Through 72-2-110 Reserved