Mont. Code § 72-39-214

Current through the 2023 Regular Session
Section 72-39-214 - Removal or replacement of authorized fiduciary

An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless:

(1) the person holding the power consents to the modification in a signed record and the modification applies only to the person;
(2) the person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or
(3) the court approves the modification and the modification grants a substantially similar power to another person.

§ 72-39-214, MCA

Added by Laws 2021, Ch. 177,Sec. 18, eff. 10/1/2021.