Montana § 72-40-113 Duty And Liability Of Directed Trustee

Montana Statutes

§ 72-40-113 — Duty And Liability Of Directed Trustee

Montana § 72-40-113

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 40UNIFORM DIRECTED TRUST ACT

Part 1General Provisions

This text of Montana § 72-40-113 (Duty And Liability Of Directed Trustee) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 72-40-113 (2026).

Text

72-40-113 . Duty and liability of directed trustee.

(1)Subject to subsection (2), a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under 72-40-110 (2)(a), and the trustee is not liable for the action.

(2)A directed trustee may not comply with a trust director's exercise or nonexercise of a power of direction or further power under 72-40-110 (2)(a) to the extent that by complying the trustee would engage in willful misconduct.

(3)An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:

(a)the breach involved the trustee's or other director's willful misconduct;

(b)the release was

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72-40-113 . Duty and liability of directed trustee. (1) Subject to subsection (2), a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under 72-40-110 (2)(a), and the trustee is not liable for the action.
(2) A directed trustee may not comply with a trust director's exercise or nonexercise of a power of direction or further power under 72-40-110 (2)(a) to the extent that by complying the trustee would engage in willful misconduct.
(3) An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:
(a) the breach involved the trustee's or other director's willful misconduct;
(b) the release was induced by improper conduct of the trustee or other director in procuring the release; or
(c) at the time of the release, the director did not know the material facts relating to the breach.
(4) A directed trustee that has reasonable doubt about its duty under this section may petition the court for instructions.
(5) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.