72-38-412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively. (1) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.
(2) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.
(3) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.
History: En. Sec. 61, Ch. 264, L. 2013.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 38. Montana Uniform Trust Code
Part 4. Creation, Validity, Modification, and Termination of Trust
72-38-401. Methods of creating trust
72-38-402. Requirements for creation
72-38-403. Trusts created in other jurisdictions
72-38-405. Charitable purposes -- enforcement
72-38-406. Creation of trust induced by fraud, duress, or undue influence
72-38-408. Trust for care of animal
72-38-409. Noncharitable trust without ascertainable beneficiary
72-38-410. Modification or termination of trust -- proceedings for approval or disapproval
72-38-411. Modification or termination of irrevocable trust by consent
72-38-414. Modification or termination of uneconomic trust
72-38-415. Reformation to correct mistakes