Montana § 72-40-115 No Duty To Monitor, Inform, Or Advise

Montana Statutes

§ 72-40-115 — No Duty To Monitor, Inform, Or Advise

Montana § 72-40-115

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 40UNIFORM DIRECTED TRUST ACT

Part 1General Provisions

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Bluebook

Mont. Code Ann. § 72-40-115 (2026).

Text

72-40-115 . No duty to monitor, inform, or advise.

(1)Unless the terms of a trust provide otherwise:

(a)a trustee does not have a duty to:

(i)monitor a trust director; or

(ii)inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and

(b)by taking an action described in subsection (1)(a), a trustee does not assume the duty excluded by subsection (1)(a).

(2)Unless the terms of a trust provide otherwise:

(a)a trust director does not have a duty to:

(i)monitor a trustee or another trust director; or

(ii)inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee

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72-40-115 . No duty to monitor, inform, or advise. (1) Unless the terms of a trust provide otherwise:
(a) a trustee does not have a duty to:
(i) monitor a trust director; or
(ii) inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and
(b) by taking an action described in subsection (1)(a), a trustee does not assume the duty excluded by subsection (1)(a).
(2) Unless the terms of a trust provide otherwise:
(a) a trust director does not have a duty to:
(i) monitor a trustee or another trust director; or
(ii) inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director; and
(b) by taking an action described in subsection (2)(a), a trust director does not assume the duty excluded by subsection (2)(a).