72-33-402. Method of revocation by trustor. - Montana Statutes

     72-33-402. Method of revocation by trustor. (1) A trust that is revocable by the trustor may be revoked in whole or in part by any of the following methods:
     (a) by compliance with any method of revocation provided in the trust instrument; or
     (b) by a writing (other than a will) signed by the trustor and delivered to the trustee during the lifetime of the trustor. If the trust instrument explicitly makes the method of revocation provided in the trust instrument the exclusive method of revocation, the trust may not be revoked pursuant to this subsection.
     (2) A trust may not be revoked by an attorney-in-fact under a power of attorney unless it is expressly permitted by the trust instrument.
     (3) Nothing in this section limits the authority to modify or terminate a trust pursuant to 72-33-406 or 72-33-407 in an appropriate case.
     (4) The manner of revocation of a trust revocable by the trustor that was created by an instrument executed before October 1, 1989, is governed by prior law and not by this section.

     History: En. Sec. 31, Ch. 685, L. 1989.