Montana § 72-38-121 Resulting Trust Upon Full Performance Of Trust

Montana Statutes

§ 72-38-121 — Resulting Trust Upon Full Performance Of Trust

Montana § 72-38-121

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 38MONTANA UNIFORM TRUST CODE

Part 1General Provisions, Definitions, Constructive and Resulting Trusts, and Notice of Proposed Action by Trustee

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Bluebook

Mont. Code Ann. § 72-38-121 (2026).

Text

72-38-121 . Resulting trust upon full performance of trust. When the owner of property gratuitously transfers it subject to a trust that is properly declared and that is fully performed without exhausting the trust estate, the trustee holds the surplus as a resulting trust for the transferor or the transferor's estate unless the transferor manifested in the trust instrument an intention that no resulting trust of the surplus should arise.

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72-38-121 . Resulting trust upon full performance of trust. When the owner of property gratuitously transfers it subject to a trust that is properly declared and that is fully performed without exhausting the trust estate, the trustee holds the surplus as a resulting trust for the transferor or the transferor's estate unless the transferor manifested in the trust instrument an intention that no resulting trust of the surplus should arise.