Montana § 72-39-213 - Relief From Liability And Indemnification
Full text of Montana Montana Code Annotated § 72-39-213 — Relief From Liability And Indemnification, with citation guidance and answers to common questions.
§ 72-39-213. Relief From Liability And Indemnification
Relief from liability and indemnification. (1) Except as otherwise provided in this section, a second-trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument. (2) A second-trust instrument may provide for indemnification of an authorized fiduciary of the first trust or another person acting in a fiduciary capacity under the first trust for any liability or claim that would have been payable from the first trust if the decanting power had not been exercised. (3) A second-trust instrument may not reduce fiduciary liability in the aggregate. (4) Subject to subsection (3), a second-trust instrument may divide and reallocate fiduciary powers among fiduciaries, including one or more trustees, distribution advisors, investment advisors, trust protectors, or other persons, and relieve a fiduciary from liability for an act or failure to act of another fiduciary as permitted by law of this state other than this chapter.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 72-39-213
What does Montana Code Annotated § 72-39-213 cover?
Section 72-39-213 ("Relief From Liability And Indemnification") 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 § 72-39-213?
A common citation format is "Montana Code Annotated § 72-39-213" (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 § 72-39-213 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.