Montana § 72-38-412 - Modification Or Termination Because Of Unanticipated Circumstances Or Inability To Administer Trust Effectively
Full text of Montana Montana Code Annotated § 72-38-412 — Modification Or Termination Because Of Unanticipated Circumstances Or Inability To Administer Trust Effectively, with citation guidance and answers to common questions.
§ 72-38-412. Modification Or Termination Because Of Unanticipated Circumstances Or Inability To Administer Trust Effectively
Modification or termination because of unanticipated circumstances or inability to administer trust effectively. (1) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention. (2) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration. (3) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 72-38-412
What does Montana Code Annotated § 72-38-412 cover?
Section 72-38-412 ("Modification Or Termination Because Of Unanticipated Circumstances Or Inability To Administer Trust Effectively") 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 § 72-38-412?
A common citation format is "Montana Code Annotated § 72-38-412" (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 § 72-38-412 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.