Montana § 72-38-120 - Resulting Trust Upon Failure Of Trust
Full text of Montana Montana Code Annotated § 72-38-120 — Resulting Trust Upon Failure Of Trust, with citation guidance and answers to common questions.
§ 72-38-120. Resulting Trust Upon Failure Of Trust
Resulting trust upon failure of trust. When the owner of property gratuitously transfers it and manifests in the trust instrument an intention that the transferee should hold the property in trust but the trust fails, the transferee holds the trust estate as a resulting trust for the transferor or the transferor's estate unless: (1) the transferor manifested in the trust instrument an intention that no resulting trust should arise; or (2) the intended trust fails for illegality and the policy against unjust enrichment of the transferee is outweighed by the policy against giving relief to a person who has entered into an illegal transaction.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 72-38-120
What does Montana Code Annotated § 72-38-120 cover?
Section 72-38-120 ("Resulting Trust Upon Failure Of Trust") 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 § 72-38-120?
A common citation format is "Montana Code Annotated § 72-38-120" (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 § 72-38-120 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.