72-38-113. Insurable interest of trustee. (1) In this section, "settlor" means a person who executes a trust instrument. The term includes a person for which a fiduciary or agent is acting.
(2) A trustee of a trust has an insurable interest in the life of an individual insured under a life insurance policy that is owned by the trustee of the trust acting in a fiduciary capacity or that designates the trust itself as the owner if, on the date the policy is issued:
(a) the insured is:
(i) a settlor of the trust; or
(ii) an individual in whom a settlor of the trust has, or would have had if living at the time the policy was issued, an insurable interest; and
(b) the life insurance proceeds are primarily for the benefit of one or more trust beneficiaries who have an insurable interest in the life of the insured as provided in 33-15-201.
History: En. Sec. 13, Ch. 264, L. 2013.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 38. Montana Uniform Trust Code
72-38-105. Default and mandatory rules
72-38-106. Common law of trusts -- principles of equity
72-38-108. Principal place of administration
72-38-109. Methods and waiver of notice
72-38-110. Others treated as qualified beneficiaries
72-38-111. Nonjudicial settlement agreements
72-38-112. Rules of construction
72-38-113. Insurable interest of trustee
72-38-114. through 72-38-119 reserved
72-38-120. Resulting trust upon failure of trust
72-38-121. Resulting trust upon full performance of trust
72-38-122. Purchase money resulting trust
72-38-124. Resulting trusts -- constructive trusts -- statute of frauds
72-38-125. through 72-38-129 reserved
72-38-130. Scope and effect of part -- proposed action or inaction described
72-38-131. When use of notice authorized
72-38-133. Objection to proposed action or inaction -- petition -- liability of trustee