{"data":{"id":"us-mt/72-38-413","jurisdiction":"us-mt","citation":"72-38-413","heading":"Cy pres.","body":"(1) Except as otherwise provided in subsection (2), if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful:\n(a) the trust does not fail, in whole or in part;\n(b) the trust property does not revert to the settlor or the settlor's successors in interest; and\n(c) the court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes.\n(2) A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under subsection (1) to apply cy pres to modify or terminate the trust only if, when the provision takes effect:\n(a) the trust property is to revert to the settlor and the settlor is still living; or\n(b) fewer than 21 years have elapsed since the date of the trust's creation.","path":["TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS","CHAPTER 38. MONTANA UNIFORM TRUST CODE","Part 4. Creation, Validity, Modification, and Termination of Trust"],"source_url":"https://mca.legmt.gov/bills/mca/title_0720/chapter_0380/part_0040/section_0130/0720-0380-0040-0130.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:33Z","sha256":"ba7eb418672bbda9d3608abb9b5f13c876ad5543121f6f7af96ec464b271ac42","source_id":"us-mt","stale":false,"prev":"us-mt/72-38-412","next":"us-mt/72-38-414"},"notice":"GroundRules: Original legal text. Not legal advice."}