Montana § 72-39-212 Change In Compensation

Montana Statutes

§ 72-39-212 — Change In Compensation

Montana § 72-39-212

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 39UNIFORM TRUST DECANTING ACT

Part 2Decanting

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Bluebook

Mont. Code Ann. § 72-39-212 (2026).

Text

72-39-212 . Change in compensation.

(1)If a first-trust instrument specifies an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's compensation above the specified compensation unless:

(a)all qualified beneficiaries of the second trust consent to the increase in a signed record; or

(b)the increase is approved by the court.

(2)If a first-trust instrument does not specify an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's compensation above the compensation permitted by the Montana Uniform Trust Code unless:

(a)all qualified beneficiaries of the second trust consent to the increase in a signed record; or

(b)the increase is approved by the court.

(3)A cha

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72-39-212 . Change in compensation. (1) If a first-trust instrument specifies an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's compensation above the specified compensation unless:
(a) all qualified beneficiaries of the second trust consent to the increase in a signed record; or
(b) the increase is approved by the court.
(2) If a first-trust instrument does not specify an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's compensation above the compensation permitted by the Montana Uniform Trust Code unless:
(a) all qualified beneficiaries of the second trust consent to the increase in a signed record; or
(b) the increase is approved by the court.
(3) A change in an authorized fiduciary's compensation that is incidental to other changes made by the exercise of the decanting power is not an increase in the fiduciary's compensation for purposes of subsections (1) and (2).