72-33-705. Notice in case involving future interest of beneficiary. - Montana Statutes

     72-33-705. Notice in case involving future interest of beneficiary. (1) Subject to subsections (2) and (3), it is sufficient compliance with a requirement in chapters 33 through 36 that notice be given to a beneficiary, or to a person interested in the trust, if notice is given as follows:
     (a) Whenever an interest has been limited on any future contingency to persons who will compose a certain class upon the happening of a certain event without further limitation, notice shall be given to the persons in being who would constitute the class if the event had happened immediately before the commencement of the proceedings.
     (b) Whenever an interest has been limited to a living person and the same interest, or a share therein, has been further limited upon the happening of a future event to the surviving spouse or to persons who are or may be the distributees, heirs, issue, or other kindred of the living persons, notice shall be given to the living person.
     (c) Whenever an interest has been limited upon the happening of any future event to a person, or a class of persons, or both, and the interest, or a share of the interest, has been further limited upon the happening of an additional future event to another person, or a class of persons, or both, notice shall be given to the person or persons in being who would take the interest upon the happening of the first of these events.
     (2) If a conflict of interest involving the subject matter of the trust proceeding exists between a person to whom notice is required to be given and a person to whom notice is not otherwise required to be given under subsection (1), notice shall also be given to persons not otherwise entitled to notice under subsection (1) with respect to whom the conflict of interest exists.
     (3) Nothing in this section affects any of the following:
     (a) requirements for notice to:
     (i) a person who has requested special notice;
     (ii) a person who has filed notice of appearance; or
     (iii) a particular person or entity required by statute to be given notice; or
     (b) availability of a guardian ad litem pursuant to 72-35-313.

     History: En. Sec. 72, Ch. 685, L. 1989.