72-33-102. General rule concerning application of trust code. - Montana Statutes

     72-33-102. General rule concerning application of trust code. Except as otherwise provided by statute:
     (1) After September 30, 1989, chapters 33 through 36 apply to all trusts regardless of when they were created, unless in the opinion of the court, application of a particular provision of chapters 33 through 36 would substantially interfere with the rights of the parties and other interested persons, in which case the particular provision of chapters 33 through 36 does not apply and prior law applies.
     (2) After September 30, 1989, chapters 33 through 36 apply to all proceedings concerning trusts whenever commenced, unless in the opinion of the court, application of a particular provision of chapters 33 through 36 would substantially interfere with the effective conduct of the proceedings or the rights of the parties and other interested persons, in which case the particular provision of chapters 33 through 36 does not apply and prior law applies.

     History: En. Sec. 2, Ch. 685, L. 1989.