Montana § 72-39-213 Relief From Liability And Indemnification

Montana Statutes

§ 72-39-213 — Relief From Liability And Indemnification

Montana § 72-39-213

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 39UNIFORM TRUST DECANTING ACT

Part 2Decanting

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Bluebook

Mont. Code Ann. § 72-39-213 (2026).

Text

72-39-213 . Relief from liability and indemnification.

(1)Except as otherwise provided in this section, a second-trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument.

(2)A second-trust instrument may provide for indemnification of an authorized fiduciary of the first trust or another person acting in a fiduciary capacity under the first trust for any liability or claim that would have been payable from the first trust if the decanting power had not been exercised.

(3)A second-trust instrument may not reduce fiduciary liability in the aggregate.

(4)Subject to subsection (3), a second-trust instrument may divide and reallocate fiduciary powers among fiduciaries, including one or more trustees, dist

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72-39-213 . Relief from liability and indemnification. (1) Except as otherwise provided in this section, a second-trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument.
(2) A second-trust instrument may provide for indemnification of an authorized fiduciary of the first trust or another person acting in a fiduciary capacity under the first trust for any liability or claim that would have been payable from the first trust if the decanting power had not been exercised.
(3) A second-trust instrument may not reduce fiduciary liability in the aggregate.
(4) Subject to subsection (3), a second-trust instrument may divide and reallocate fiduciary powers among fiduciaries, including one or more trustees, distribution advisors, investment advisors, trust protectors, or other persons, and relieve a fiduciary from liability for an act or failure to act of another fiduciary as permitted by law of this state other than this chapter.