72-34-514. Consent of beneficiary to relieve trustee of liability for breach of trust. - Montana Statutes

     72-34-514. Consent of beneficiary to relieve trustee of liability for breach of trust. (1) Except as provided in subsections (2) and (3), a beneficiary may not hold the trustee liable for an act or omission of the trustee as a breach of trust if the beneficiary consented to the act or omission before or at the time of the act or omission.
     (2) The consent of the beneficiary does not preclude the beneficiary from holding the trustee liable for a breach of trust in any of the following circumstances:
     (a) whenever the beneficiary was under an incapacity at the time of the consent or of the act or omission;
     (b) whenever the beneficiary at the time consent was given did not know of the beneficiary's rights and of the material facts that the trustee knew or should have known and that the trustee did not reasonably believe that the beneficiary knew; or
     (c) whenever the consent of the beneficiary was induced by improper conduct of the trustee.
     (3) Whenever the trustee has an interest in the transaction adverse to the interest of the beneficiary, the consent of the beneficiary does not preclude the beneficiary from holding the trustee liable for a breach of trust under any of the circumstances described in subsection (2) or whenever the transaction to which the beneficiary consented was not fair and reasonable to the beneficiary.

     History: En. Sec. 162, Ch. 685, L. 1989; amd. Sec. 2483, Ch. 56, L. 2009.