Montana § 72-38-412 Modification Or Termination Because Of Unanticipated Circumstances Or Inability To Administer Trust Effectively

Montana Statutes

§ 72-38-412 — Modification Or Termination Because Of Unanticipated Circumstances Or Inability To Administer Trust Effectively

Montana § 72-38-412

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 38MONTANA UNIFORM TRUST CODE

Part 4Creation, Validity, Modification, and Termination of Trust

This text of Montana § 72-38-412 (Modification Or Termination Because Of Unanticipated Circumstances Or Inability To Administer Trust Effectively) 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. § 72-38-412 (2026).

Text

72-38-412 . Modification or termination because of unanticipated circumstances or inability to administer trust effectively.

(1)The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.

(2)The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.

(3)Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trus

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72-38-412 . Modification or termination because of unanticipated circumstances or inability to administer trust effectively. (1) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.
(2) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.
(3) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.