Montana § 72-39-103 Scope

Montana Statutes

§ 72-39-103 — Scope

Montana § 72-39-103

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 39UNIFORM TRUST DECANTING ACT

Part 1General Provisions

This text of Montana § 72-39-103 (Scope) 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. § 72-39-103 (2026).

Text

72-39-103 . Scope.

(1)Except as provided in subsections (2) and (3), this chapter applies to an express trust that is irrevocable or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest.

(2)This chapter does not apply to a trust held solely for charitable purposes.

(3)Subject to 72-39-211 , a trust instrument may restrict or prohibit exercise of the decanting power.

(4)This chapter does not limit the power of a trustee, powerholder, or other person to distribute or appoint property in further trust or to modify a trust under the trust instrument, law of this state other than this chapter, common law, a court order, or a nonjudicial settlement agreement.

(5)This chapter does not affect the ability of a settlor to provide in a trust instr

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72-39-103 . Scope. (1) Except as provided in subsections (2) and (3), this chapter applies to an express trust that is irrevocable or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest.
(2) This chapter does not apply to a trust held solely for charitable purposes.
(3) Subject to 72-39-211 , a trust instrument may restrict or prohibit exercise of the decanting power.
(4) This chapter does not limit the power of a trustee, powerholder, or other person to distribute or appoint property in further trust or to modify a trust under the trust instrument, law of this state other than this chapter, common law, a court order, or a nonjudicial settlement agreement.
(5) This chapter does not affect the ability of a settlor to provide in a trust instrument for the distribution of the trust property or appointment in further trust of the trust property or for modification of the trust instrument.