Montana Statutes
§ 72-39-213 — Relief From Liability And Indemnification
Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 39 UNIFORM TRUST DECANTING ACT·Part 2 Decanting
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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Legislative History
En. Sec. 17, 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