Table of Contents TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS CHAPTER 33. TRUST CODE GENERAL PROVISIONS Part 2. Creation and Validity of Trusts Resulting and Constructive Trusts

Edition 2003 Other editions

Current Version 2025 2023 2021 2019 2015 2013 2011 2009 2007 2005 2003 2001 1999 1997 1995 1978 Scanned 1979 Scanned 1981 Scanned 1983 Scanned 1985 Scanned 1986 Scanned 1987 Scanned 1989 Scanned

1995 forward is searchable text. Earlier volumes are page scans.

2 72-33-201 — Methods of creating trust 2 72-33-202 — Intention to create trust 72-33-203 — Trust property 72-33-204 — Trust purpose 1 72-33-205 — Trust for indefinite or g... 1 72-33-206 — Designation of beneficiar... 72-33-207 — Designation of trust or t... 2 72-33-208 — Statute of frauds 72-33-209 — Consideration 72-33-210 — Exception to doctrine of... 72-33-211 — Separate writing identify... 72-33-216 — Resulting trust upon fail... 72-33-217 — Resulting trust upon full... 72-33-218 — Purchase money resulting... 8 72-33-219 — Constructive trust 72-33-220 — Resulting trusts, constru...

Mont. Code Ann. § 72-33-219

(2003)

Constructive trust

A constructive trust arises when a person holding title to property is subject to an equitable duty to convey it to another on the ground that the person holding title would be unjustly enriched if he were permitted to retain it.

Opinions construing this section

8 opinions

2016 MT 61 Mar 8, 2016 Reversed

Majority by Michael E Wheat · 4 to 1 with 4 concurring

round that the person holding title would be unjustly enriched if he were permitted to retain it.” N. Cheyenne Tribe, ¶ 30 (citing McDermott, ¶ 25 (quoting § 72-33-219, MCA)). In this instance, the elements of unjust enrichment have been met and we conclude that Valerie has been unjustly enriched. In turn, in order to work an equi

2013 MT 290N Oct 9, 2013 Opinion issued in a DA case, outcome unknown

Estate of Beals

Majority by Beth Baker · 5 to 0

of proving clear error in the District Court’s findings. ¶11 Finally, Bob challenges the imposition of a constructive trust. The District Court relied on § 72-33-219, MCA, in conjunction with our ruling in McDermott, ¶¶ 25-26, for the proposition that imposing such a trust no longer requires a showing of fraud or other wrongfu

2013 MT 24 Feb 5, 2013 Affirmed in part, reversed in part

Northern Cheyenne Tribe vs. Roman Catholic Church

Majority by Brian Morris · 5 to 0

ection 7233-219, MCA). Title 72, Chapter 33 broadly defines property to include “anything that may be the subject of ownership.” Section 72-33-108(3), MCA. Section 72-33-219, MCA, makes no mention of a requirement of wrongdoing by the defendant in order to impose a constructive trust. The legislature’s enactment of the Trust Code in 1

2009 MT 188 May 27, 2009 Affirmed

LeFeber v. Johnson

Majority by Brian Morris · 5 to 0

m deed for the St. Joseph property because she believed that LeFeber had gifted her the property. LeFeber filed a petition for a constructive trust pursuant to § 72-33-219, MCA. LeFeber requested that the court declare a constructive trust in favor of LeFeber and order Johnson to convey the St. Joseph property to LeFeber. 6 Johns

2009 MT 137 Apr 21, 2009 Affirmed

Monroe v. Marsden

Majority by Mike McGrath · 5 to 0

ject to an equitable duty to convey it to another on the ground that the person holding title would be unjustly enriched if he were permitted to retain it.” Section 72-33-219, MCA; Estate of Bradshaw, ¶ 36. A constructive trust may be imposed with or without proof of fraud or other wrongful acts. In the Matter of the Estate of McDermott

Official Annotations archive.org, 2003 edition

History:

EnactedEn. SectionSec. 22, ChapterCh. 685, Laws ofL. 1989

Source text on leg.mt.gov