Montana § 72-39-201 Fiduciary Duty

Montana Statutes

§ 72-39-201 — Fiduciary Duty

Montana § 72-39-201

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 39UNIFORM TRUST DECANTING ACT

Part 2Decanting

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Bluebook

Mont. Code Ann. § 72-39-201 (2026).

Text

72-39-201 . Fiduciary duty.

(1)In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust.

(2)This chapter does not create or imply a duty to exercise the decanting power or to inform beneficiaries about the applicability of this chapter.

(3)Except as otherwise provided in a first-trust instrument, for purposes of this chapter and 72-38-801 and 72-38-802 (1), the terms of the first trust are deemed to include the decanting power.

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72-39-201 . Fiduciary duty. (1) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust.
(2) This chapter does not create or imply a duty to exercise the decanting power or to inform beneficiaries about the applicability of this chapter.
(3) Except as otherwise provided in a first-trust instrument, for purposes of this chapter and 72-38-801 and 72-38-802 (1), the terms of the first trust are deemed to include the decanting power.