72-33-626. Trustee's compensation as provided in trust instrument -- different compensation. - Montana Statutes

     72-33-626. Trustee's compensation as provided in trust instrument -- different compensation. (1) Subject to subsection (2), if the trust instrument provides for the trustee's compensation, the trustee is entitled to be compensated in accordance with the trust instrument.
     (2) Upon proper showing, the court may fix or allow greater or lesser compensation than could be allowed under the terms of the trust in any of the following circumstances:
     (a) whenever the duties of the trustee are substantially different from those contemplated when the trust was created;
     (b) whenever the compensation in accordance with the terms of the trust would be inequitable or unreasonably low or high; or
     (c) in extraordinary circumstances calling for equitable relief.
     (3) An order fixing or allowing greater or lesser compensation under subsection (2) applies only prospectively to actions taken in administration of the trust after the order is made.

     History: En. Sec. 61, Ch. 685, L. 1989.