{"data":{"id":"us-mt/72-40-113","jurisdiction":"us-mt","citation":"72-40-113","heading":"Duty and liability of directed trustee.","body":"(1) Subject to subsection (2), a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under 72-40-110(2)(a), and the trustee is not liable for the action.\n(2) A directed trustee may not comply with a trust director's exercise or nonexercise of a power of direction or further power under 72-40-110(2)(a) to the extent that by complying the trustee would engage in willful misconduct.\n(3) An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:\n(a) the breach involved the trustee's or other director's willful misconduct;\n(b) the release was induced by improper conduct of the trustee or other director in procuring the release; or\n(c) at the time of the release, the director did not know the material facts relating to the breach.\n(4) A directed trustee that has reasonable doubt about its duty under this section may petition the court for instructions.\n(5) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.","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_0130/0720-0400-0010-0130.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:36Z","sha256":"9c25afd7161fdf30c4a7f7d0b30f10fbd9a1f32292d2af1a384a03c5cbdf096d","source_id":"us-mt","stale":false,"prev":"us-mt/72-40-112","next":"us-mt/72-40-114"},"notice":"GroundRules: Original legal text. Not legal advice."}