Montana § 72-39-214 Removal Or Replacement Of Authorized Fiduciary

Montana Statutes

§ 72-39-214 — Removal Or Replacement Of Authorized Fiduciary

Montana § 72-39-214

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 39UNIFORM TRUST DECANTING ACT

Part 2Decanting

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Bluebook

Mont. Code Ann. § 72-39-214 (2026).

Text

72-39-214 . Removal or replacement of authorized fiduciary. An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless:

(1)the person holding the power consents to the modification in a signed record and the modification applies only to the person;

(2)the person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or

(3)the court approves the modification and the modification grants a substantially similar power to another person.

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72-39-214 . Removal or replacement of authorized fiduciary. An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless:
(1) the person holding the power consents to the modification in a signed record and the modification applies only to the person;
(2) the person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or
(3) the court approves the modification and the modification grants a substantially similar power to another person.