72-39-221. Settlor. (1) For purposes of law of this state other than this chapter and subject to subsection (2), a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power.
(2) In determining settlor intent with respect to a second trust, the intent of a settlor of the first trust, a settlor of the second trust, and the authorized fiduciary may be considered.
History: En. Sec. 25, 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