Montana § 72-38-105 - Default And Mandatory Rules
Full text of Montana Montana Code Annotated § 72-38-105 — Default And Mandatory Rules, with citation guidance and answers to common questions.
§ 72-38-105. Default And Mandatory Rules
Default and mandatory rules. (1) Except as otherwise provided in the terms of the trust, this chapter governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary. (2) The terms of a trust prevail over any provision of this chapter except: (a) the requirements for creating a trust; (b) subject to 72-40-113 , 72-40-115 , and 72-40-116 , the duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries; (c) the requirement that a trust and its terms be for the benefit of its beneficiaries and that the trust have a purpose that is lawful, not contrary to public policy, and possible to achieve; (d) the power of the court to modify or terminate a trust under 72-38-410 through 72-38-416 ; (e) the effect of a spendthrift provision; (f) the power of the court under 72-38-702 to require, dispense with, or modify or terminate a bond; (g) the power of the court under 72-38-708 (2) to adjust a trustee's compensation specified in the terms of the trust that is unreasonably low or high; (h) the effect of an exculpatory term under 72-38-1008 ; (i) the rights under 72-38-1010 through 72-38-1013 of a person other than a trustee or beneficiary; (j) the periods of limitation for commencing a judicial proceeding; (k) the power of the court to take the action and exercise the jurisdiction that may be necessary in the interests of justice; and (l) the subject-matter jurisdiction of the court and venue for commencing a proceeding as provided in 72-38-201 and 72-38-205 .
Frequently Asked Questions About Montana § 72-38-105
What does Montana Code Annotated § 72-38-105 cover?
Section 72-38-105 ("Default And Mandatory Rules") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 72-38-105?
A common citation format is "Montana Code Annotated § 72-38-105" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 72-38-105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.