{"data":{"id":"us-mt/72-39-213","jurisdiction":"us-mt","citation":"72-39-213","heading":"Relief from liability and indemnification.","body":"(1) Except as otherwise provided in this section, a second-trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument.\n(2) A second-trust instrument may provide for indemnification of an authorized fiduciary of the first trust or another person acting in a fiduciary capacity under the first trust for any liability or claim that would have been payable from the first trust if the decanting power had not been exercised.\n(3) A second-trust instrument may not reduce fiduciary liability in the aggregate.\n(4) Subject to subsection (3), a second-trust instrument may divide and reallocate fiduciary powers among fiduciaries, including one or more trustees, distribution advisors, investment advisors, trust protectors, or other persons, and relieve a fiduciary from liability for an act or failure to act of another fiduciary as permitted by law of this state other than this chapter.","path":["TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS","CHAPTER 39. UNIFORM TRUST DECANTING ACT","Part 2. Decanting"],"source_url":"https://mca.legmt.gov/bills/mca/title_0720/chapter_0390/part_0020/section_0130/0720-0390-0020-0130.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:35Z","sha256":"6cbcf71f97a531b34c34620ff9313e184a786cc55447f90f26218fc7a9365bd0","source_id":"us-mt","stale":false,"prev":"us-mt/72-39-212","next":"us-mt/72-39-214"},"notice":"GroundRules: Original legal text. Not legal advice."}