Montana § 72-38-1012 Protection Of Person Dealing With Trustee

Montana Statutes

§ 72-38-1012 — Protection Of Person Dealing With Trustee

Montana § 72-38-1012

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 § 72-38-1012 (Protection Of Person Dealing With Trustee) 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. § 72-38-1012 (2026).

Text

72-38-1012 . Protection of person dealing with trustee.

(1)A person other than a beneficiary who in good faith assists a trustee or who in good faith and for value deals with a trustee without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power.

(2)A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.

(3)A person who in good faith delivers assets to a trustee need not ensure their proper application.

(4)A person other than a beneficiary who in good faith assists a former trustee or who in good faith and for value deals with a former trustee without knowledge

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72-38-1012 . Protection of person dealing with trustee. (1) A person other than a beneficiary who in good faith assists a trustee or who in good faith and for value deals with a trustee without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power.
(2) A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.
(3) A person who in good faith delivers assets to a trustee need not ensure their proper application.
(4) A person other than a beneficiary who in good faith assists a former trustee or who in good faith and for value deals with a former trustee without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee.
(5) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.