Montana Code Annotated 2023

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 40. UNIFORM DIRECTED TRUST ACT

Part 1. General Provisions

Application -- Principal Place Of Administration

72-40-103. Application -- principal place of administration. (1) This part applies to a trust, whenever created, that has its principal place of administration in this state, subject to the following rules:

(a) if the trust was created before October 1, 2021, this part applies only to a decision or action occurring on or after October 1, 2021; and

(b) if the principal place of administration of the trust is changed to this state on or after October 1, 2021, this part applies only to a decision or action occurring on or after the date of the change.

(2) Without precluding other means to establish a sufficient connection with the designated jurisdiction in a directed trust, terms of the trust that designate the principal place of administration of the trust are valid and controlling if:

(a) a principal place of business is located in or a trustee is a resident of the designated jurisdiction;

(b) a trust director's principal place of business is located in or a trust director is a resident of the designated jurisdiction; or

(c) all or part of the administration occurs in the designated jurisdiction.

History: En. Sec. 3, Ch. 325, L. 2021.