72-35-405. Order granting transfer. - Montana Statutes

     72-35-405. Order granting transfer. The court may, in its discretion, grant the petition and order the trustee to transfer the trust property or to transfer the place of administration of the trust to the other jurisdiction if, after hearing, all of the following appear to the court:
     (1) the transfer of the trust property to a trustee in another jurisdiction, or the transfer of the place of administration of the trust to another jurisdiction, will promote the best interests of the trust and those interested in it, taking into account the interest in the economical and convenient administration of the trust;
     (2) the transfer will not violate the trust instrument; and
     (3) any new trustee to whom the trust property is to be transferred is qualified, willing, and able to administer the trust or trust property under the trust instrument.

     History: En. Sec. 194, Ch. 685, L. 1989.