2022 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
72-2-1004. Reformation
72-2-1004. Reformation. Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and that is within the 90 years allowed by 72-2-1002(1)(b), (2)(b), or (3)(b) if:
(1) a nonvested property interest or a power of appointment becomes invalid under 72-2-1002;
(2) a class gift is not but might become invalid under 72-2-1002 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or
(3) a nonvested property interest that is not validated by 72-2-1002(1)(a) can vest but not within 90 years after its creation.
History: En. Sec. 4, Ch. 250, L. 1989; Sec. 70-1-804, MCA 1991; redes. 72-2-1004 by Code Commissioner, 1993.
