72-40-103. Application -- principal place of administration. (1) This part applies to a trust, whenever created, that has its principal place of administration in this state, subject to the following rules:
(a) if the trust was created before October 1, 2021, this part applies only to a decision or action occurring on or after October 1, 2021; and
(b) if the principal place of administration of the trust is changed to this state on or after October 1, 2021, this part applies only to a decision or action occurring on or after the date of the change.
(2) Without precluding other means to establish a sufficient connection with the designated jurisdiction in a directed trust, terms of the trust that designate the principal place of administration of the trust are valid and controlling if:
(a) a principal place of business is located in or a trustee is a resident of the designated jurisdiction;
(b) a trust director's principal place of business is located in or a trust director is a resident of the designated jurisdiction; or
(c) all or part of the administration occurs in the designated jurisdiction.
History: En. Sec. 3, Ch. 325, L. 2021.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 40. Uniform Directed Trust Act
72-40-103. Application -- principal place of administration
72-40-104. Common law and principles of equity
72-40-106. through 72-40-109 reserved
72-40-110. Powers of trust director
72-40-111. Limitations on trust director
72-40-112. Duty and liability of trust director
72-40-113. Duty and liability of directed trustee
72-40-114. Duty to provide information to trust director or trustee
72-40-115. No duty to monitor, inform, or advise
72-40-116. Application to cotrustee
72-40-117. Limitation of action against trust director
72-40-118. Defenses in action against trust director
72-40-119. Jurisdiction over trust director
72-40-120. Office of trust director
72-40-121. Uniformity of application and construction
72-40-122. Relation to electronic signatures in global and national commerce act