Montana § 72-38-603 - Settlor's Powers -- Powers Of Withdrawal

Full text of Montana Montana Code Annotated § 72-38-603 — Settlor's Powers -- Powers Of Withdrawal, with citation guidance and answers to common questions.

§ 72-38-603. Settlor's Powers -- Powers Of Withdrawal

Settlor's powers -- powers of withdrawal. (1) To the extent a trust is revocable by a settlor, a trustee may follow a direction of the settlor that is contrary to the terms of the trust. To the extent a trust is revocable by a settlor in conjunction with a person other than a trustee or person holding an adverse interest, the trustee may follow a direction from the settlor and the other person holding the power to revoke even if the direction is contrary to the terms of the trust. (2) To the extent a trust is revocable, rights of the beneficiaries are subject to the control of the settlor and the duties of the trustee, including the duty to provide notice, are owed exclusively to the settlor. (3) During the period the power may be exercised, the holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power.

Source: official Montana text · Last verified 2026-08-27

Frequently Asked Questions About Montana § 72-38-603

What does Montana Code Annotated § 72-38-603 cover?

Section 72-38-603 ("Settlor's Powers -- Powers Of Withdrawal") 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 § 72-38-603?

A common citation format is "Montana Code Annotated § 72-38-603" (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 § 72-38-603 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.