Montana § 72-38-1009 Beneficiary's Consent, Release, Or Ratification

Montana Statutes

§ 72-38-1009 — Beneficiary's Consent, Release, Or Ratification

Montana § 72-38-1009

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 38MONTANA UNIFORM TRUST CODE

Part 10Liability of Trustees and Rights of Persons Dealing with Trustee

This text of Montana § 72-38-1009 (Beneficiary's Consent, Release, Or Ratification) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 72-38-1009 (2026).

Text

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.

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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.