§ 72-26-609 — Validity And Effect Of Transfer

Montana § 72-26-609

• Jurisdiction: Montana
• Title 72: ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS
• Ch. 26: UNIFORM TRANSFERS TO MINORS ACT
• Part 6: Manner of Creating Custodial Property and Effecting Transfer

Text

72-26-609 . Validity and effect of transfer. (1) The validity of a transfer made in a manner prescribed in this chapter is not affected by:
(a) failure of the transferor to comply with 72-26-603 (3) concerning possession and control;
(b) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under 72-26-603 (1); or
(c) death or incapacity of a person nominated under 72-26-601 or designated under 72-26-603 as custodian or the disclaimer of the office by that person.
(2) A transfer made pursuant to 72-26-603 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this chapter, and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this chapter.
(3) By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this chapter.

Legislative History

En. Sec. 13, Ch. 102, L. 1985.