Montana Statutes
§ 72-39-218 — Saving Provision
Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 39 UNIFORM TRUST DECANTING ACT·Part 2 Decanting
72-39-218 . Saving provision.
(1)If exercise of the decanting power would be effective under this chapter except that the second-trust instrument in part does not comply with this chapter, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power:
(a)A provision in the second-trust instrument that is not permitted under this chapter is void to the extent necessary to comply with this chapter.
(b)A provision required by this chapter to be in the second-trust instrument that is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with this chapter.
(2)If a trustee or other fiduciary of a second trust determines that subsection (1)
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Legislative History
En. Sec. 22, 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