72-2-827. Disclaimer of power held in fiduciary capacity. (1) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
(2) If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power.
(3) A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting.
History: En. Sec. 49, Ch. 313, L. 2019.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers
Part 8. General Provisions Concerning Probate and Nonprobate Transfers
72-2-805. through 72-2-810 reserved
72-2-812. Effect of divorce, annulment, or decree of separation
72-2-815. Reformation to correct mistakes
72-2-816. Modification to achieve transferor's tax objectives
72-2-820. Sections supplemented by other law
72-2-821. Power to disclaim -- general requirements -- when revocable
72-2-822. Disclaimer of interest in property
72-2-823. Disclaimer of rights of survivorship in jointly held property
72-2-824. Disclaimer of interest by trustee
72-2-825. Disclaimer of power of appointment or other power not held in fiduciary capacity
72-2-826. Disclaimer by appointee, object, or taker in default of exercise of power of appointment
72-2-827. Disclaimer of power held in fiduciary capacity
72-2-829. When disclaimer barred or limited
72-2-830. Tax qualified disclaimer
72-2-831. Recording of disclaimer
72-2-832. Application to existing relationships
72-2-833. Relation to electronic signatures in global and national commerce act