{"data":{"id":"us-mt/72-38-105","jurisdiction":"us-mt","citation":"72-38-105","heading":"Default and mandatory rules.","body":"(1) Except as otherwise provided in the terms of the trust, this chapter governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.\n(2) The terms of a trust prevail over any provision of this chapter except:\n(a) the requirements for creating a trust;\n(b) subject to 72-40-113, 72-40-115, and 72-40-116, the duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries;\n(c) the requirement that a trust and its terms be for the benefit of its beneficiaries and that the trust have a purpose that is lawful, not contrary to public policy, and possible to achieve;\n(d) the power of the court to modify or terminate a trust under 72-38-410 through 72-38-416;\n(e) the effect of a spendthrift provision;\n(f) the power of the court under 72-38-702 to require, dispense with, or modify or terminate a bond;\n(g) the power of the court under 72-38-708(2) to adjust a trustee's compensation specified in the terms of the trust that is unreasonably low or high;\n(h) the effect of an exculpatory term under 72-38-1008;\n(i) the rights under 72-38-1010 through 72-38-1013 of a person other than a trustee or beneficiary;\n(j) the periods of limitation for commencing a judicial proceeding;\n(k) the power of the court to take the action and exercise the jurisdiction that may be necessary in the interests of justice; and\n(l) the subject-matter jurisdiction of the court and venue for commencing a proceeding as provided in 72-38-201 and 72-38-205.","path":["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"],"source_url":"https://mca.legmt.gov/bills/mca/title_0720/chapter_0380/part_0010/section_0050/0720-0380-0010-0050.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:32Z","sha256":"39d1caecb7f5fdc3f5e1feaf25f46ad38fe8c1a7ba0d60730e8944ee70fadd0d","source_id":"us-mt","stale":false,"prev":"us-mt/72-38-104","next":"us-mt/72-38-106"},"notice":"GroundRules: Original legal text. Not legal advice."}