Montana Code Annotated 2023

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 38. MONTANA UNIFORM TRUST CODE

Part 1. General Provisions, Definitions, Constructive and Resulting Trusts, and Notice of Proposed Action by Trustee

Resulting Trust Upon Full Performance Of Trust

72-38-121. Resulting trust upon full performance of trust. When the owner of property gratuitously transfers it subject to a trust that is properly declared and that is fully performed without exhausting the trust estate, the trustee holds the surplus as a resulting trust for the transferor or the transferor's estate unless the transferor manifested in the trust instrument an intention that no resulting trust of the surplus should arise.

History: En. Sec. 15, Ch. 264, L. 2013.