72-34-130. Standard for exercise of "absolute", "sole", or "uncontrolled" powers. - Montana Statutes

     72-34-130. Standard for exercise of "absolute", "sole", or "uncontrolled" powers. (1) Subject to the additional requirements of subsection (2), if a trust instrument confers "absolute", "sole", or "uncontrolled" discretion on a trustee, the trustee shall act in accordance with fiduciary principles and may not act in disregard of the purposes of the trust.
     (2) Notwithstanding the trustor's use of terms like "absolute", "sole", or "uncontrolled", a person who is a beneficiary of a trust and who, either individually or as trustee or cotrustee, holds a power to take or distribute income or principal to or for the person's own benefit pursuant to a standard shall exercise that power reasonably and in accordance with the standard. In any case in which the standard governing the exercise of the power does not clearly indicate that a broader power is intended, the holder of the power may exercise it in the holder's favor only for the holder's health, education, support, or maintenance.

     History: En. Sec. 98, Ch. 685, L. 1989; amd. Sec. 2482, Ch. 56, L. 2009.