{"data":{"id":"us-mt/72-40-102","jurisdiction":"us-mt","citation":"72-40-102","heading":"Definitions.","body":"In this part, the following definitions apply:\n(1) \"Breach of trust\" includes a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, this part, or law of this state other than this part pertaining to trusts.\n(2) \"Directed trust\" means a trust for which the terms of the trust grant a power of direction.\n(3) \"Directed trustee\" means a trustee that is subject to a trust director's power of direction.\n(4) \"Person\" has the meaning in 72-38-103.\n(5) \"Power of direction\" means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee. The term includes a power over the investment, management, or distribution of trust property or other matters of trust administration. The term excludes the powers described in 72-40-105(2).\n(6) \"Settlor\" has the meaning in 72-38-103.\n(7) \"State\" has the meaning in 72-38-103.\n(8) \"Terms of a trust\" means:\n(a) except as otherwise provided in subsection (8)(b), the manifestation of the settlor's intent regarding a trust's provision as:\n(i) expressed in the trust instrument; or\n(ii) established by other evidence that would be admissible in a judicial proceeding; or\n(b) the trust's provisions as established, determined, or amended by:\n(i) a trustee or trust director in accordance with applicable law;\n(ii) court order; or\n(iii) a nonjudicial settlement agreement under 72-38-111.\n(9) \"Trust director\" means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee. The person is a trust director whether or not the terms of the trust refer to the person as a trust director and whether or not the person is a beneficiary or settlor of the trust.\n(10) \"Trustee\" has the meaning in 72-38-103.","path":["TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS","CHAPTER 40. UNIFORM DIRECTED TRUST ACT","Part 1. General Provisions"],"source_url":"https://mca.legmt.gov/bills/mca/title_0720/chapter_0400/part_0010/section_0020/0720-0400-0010-0020.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:36Z","sha256":"a515fd9ff0a526f15ce450260df806879db55055d4892b7ef2c6fa01b17997fc","source_id":"us-mt","stale":false,"prev":"us-mt/72-40-101","next":"us-mt/72-40-103"},"notice":"GroundRules: Original legal text. Not legal advice."}