Montana Statutes
§ 72-39-221 — Settlor
Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 39 UNIFORM TRUST DECANTING ACT·Part 2 Decanting
72-39-221 . Settlor.
(1)For purposes of law of this state other than this chapter and subject to subsection (2), a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power.
(2)In determining settlor intent with respect to a second trust, the intent of a settlor of the first trust, a settlor of the second trust, and the authorized fiduciary may be considered.
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Legislative History
En. Sec. 25, 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