72-38-1003. Damages in absence of breach. (1) A trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust.
(2) Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.
History: En. Sec. 120, Ch. 264, L. 2013.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 38. Montana Uniform Trust Code
Part 10. Liability of Trustees and Rights of Persons Dealing with Trustee
72-38-1001. Remedies for breach of trust
72-38-1002. Damages for breach of trust
72-38-1003. Damages in absence of breach
72-38-1004. Attorney fees and costs
72-38-1005. Limitation of action against trustee
72-38-1006. Reliance on trust instrument
72-38-1007. Event affecting administration or distribution
72-38-1008. Exculpation of trustee
72-38-1009. Beneficiary's consent, release, or ratification
72-38-1010. Limitation on personal liability of trustee
72-38-1011. Interest as general partner