72-38-1009. Beneficiary's consent, release, or ratification. A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach unless:
(1) the consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or
(2) at the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.
History: En. Sec. 126, 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