2021 Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers
Part 10. Uniform Statutory Rule Against Perpetuities -- Honorary Trusts
72-2-1003. When nonvested property interest or power of appointment created

Universal Citation: MT Code § 72-2-1003 (2021)

72-2-1003. When nonvested property interest or power of appointment created. (1) Except as provided in 72-2-1005 and subsections (2) and (3) of this section, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.

(2) For purposes of this part, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of a nonvested property interest or a property interest subject to a power of appointment described in 72-2-1002(2) or (3), the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.

(3) For purposes of this part, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.

History: En. Sec. 3, Ch. 250, L. 1989; Sec. 70-1-803, MCA 1991; redes. 72-2-1003 by Code Commissioner, 1993.

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