72-39-217. Need to distribute not required. An authorized fiduciary may exercise the decanting power whether or not under the first trust's discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise.
History: En. Sec. 21, Ch. 177, L. 2021.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 39. Uniform Trust Decanting Act
72-39-202. Reasonable reliance
72-39-203. Notice -- exercise of decanting power
72-39-207. Decanting power under expanded distributive discretion
72-39-208. Decanting power under limited distributive discretion
72-39-209. Trust for beneficiary with disability
72-39-210. Protection of charitable interest
72-39-211. Trust limitation on decanting
72-39-212. Change in compensation
72-39-213. Relief from liability and indemnification
72-39-214. Removal or replacement of authorized fiduciary
72-39-215. Tax-related limitations
72-39-216. Duration of second trust
72-39-217. Need to distribute not required
72-39-219. Trust for care of animal
72-39-220. Terms of second trust