Montana Statutes
§ 72-39-212 — Change In Compensation
Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 39 UNIFORM TRUST DECANTING ACT·Part 2 Decanting
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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Legislative History
En. Sec. 16, Ch. 177, L. 2021.
Nearby Sections
15
§ 72-39-101
Short Title§ 72-39-102
Definitions§ 72-39-103
Scope§ 72-39-104
Application -- Governing Law§ 72-39-201
Fiduciary Duty§ 72-39-202
Reasonable Reliance§ 72-39-203
Notice -- Exercise Of Decanting Power§ 72-39-204
Representation§ 72-39-205
Court Involvement§ 72-39-206
Formalities§ 72-39-209
Trust For Beneficiary With Disability§ 72-39-210
Protection Of Charitable Interest§ 72-39-211
Trust Limitation On Decanting