Montana § 72-39-205 Court Involvement

Montana Statutes

§ 72-39-205 — Court Involvement

Montana § 72-39-205

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 39UNIFORM TRUST DECANTING ACT

Part 2Decanting

This text of Montana § 72-39-205 (Court Involvement) 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. § 72-39-205 (2026).

Text

72-39-205 . Court involvement.

(1)On application of an authorized fiduciary, a person entitled to notice under 72-39-203 (3), a beneficiary, or with respect to a charitable interest the attorney general or other person that has standing to enforce the charitable interest, the court may:

(a)provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this chapter and consistent with the fiduciary duties of the authorized fiduciary;

(b)appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this chapter and to exercise the decanting power;

(c)approve an exercise of the decanting power;

(d)determine that a proposed or attempted exercise of the dec

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72-39-205 . Court involvement. (1) On application of an authorized fiduciary, a person entitled to notice under 72-39-203 (3), a beneficiary, or with respect to a charitable interest the attorney general or other person that has standing to enforce the charitable interest, the court may:
(a) provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this chapter and consistent with the fiduciary duties of the authorized fiduciary;
(b) appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this chapter and to exercise the decanting power;
(c) approve an exercise of the decanting power;
(d) determine that a proposed or attempted exercise of the decanting power is ineffective because:
(i) after applying 72-39-218 , the proposed or attempted exercise does not or did not comply with this chapter; or
(ii) the proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;
(e) determine the extent to which 72-39-218 applies to a prior exercise of the decanting power;
(f) provide instructions to the trustee regarding the application of 72-39-218 to a prior exercise of the decanting power; or
(g) order other relief to carry out the purposes of this chapter.
(2) On application of an authorized fiduciary, the court may approve:
(a) an increase in the fiduciary's compensation under 72-39-212 ; or
(b) a modification under 72-39-214 of a provision granting a person the right to remove or replace the fiduciary.