{"data":{"id":"us-mt/72-2-1003","jurisdiction":"us-mt","citation":"72-2-1003","heading":"When nonvested property interest or power of appointment created.","body":"(1) Except as provided in 72-2-1005 and subsections (2) and (3) of this section, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.\n(2) For purposes of this part, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of a nonvested property interest or a property interest subject to a power of appointment described in 72-2-1002(2) or (3), the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.\n(3) For purposes of this part, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.","path":["TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS","CHAPTER 2. UPC -- INTESTACY, WILLS, AND DONATIVE TRANSFERS","Part 10. Uniform Statutory Rule Against Perpetuities -- Honorary Trusts"],"source_url":"https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0100/section_0030/0720-0020-0100-0030.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:00Z","sha256":"1e941ced7efa464926ac7851cd2f0403d7b34700e28ad9c3dad0ef32f31d3cbd","source_id":"us-mt","stale":false,"prev":"us-mt/72-2-1002","next":"us-mt/72-2-1004"},"notice":"GroundRules: Original legal text. Not legal advice."}