Montana Statutes
§ 72-39-217 — Need To Distribute Not Required
Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 39 UNIFORM TRUST DECANTING ACT·Part 2 Decanting
72-39-217 . Need to distribute not required. An authorized fiduciary may exercise the decanting power whether or not under the first trust's discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise.
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Legislative History
En. Sec. 21, 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