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·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 38 MONTANA UNIFORM TRUST CODE·Part 4 Creation, Validity, Modification, and Termination of Trust

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

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Montana § 72-38-412 (Modification Or Termination Because Of Unanticipated Circumstances Or Inability To Administer Trust Effectively) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.