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

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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. § 72-33-208

(2011)

Statute of frauds

A trust is not valid unless evidenced by one of the following methods:

(1) by a written instrument signed by the trustee, or by the trustee's agent if authorized in writing to do so;

(2) by a written instrument signed by the trustor, or by the trustor's agent if authorized in writing to do so; or

(3) by operation of law.

Opinions construing this section

2 opinions

2014 MT 69 Mar 12, 2014 Affirmed in part, reversed in part

New Hope v. Faith Lutheran

Majority by Jim Rice · 7 to 0

s an intention to create a trust,” § 72-33-202, MCA (2009), and was subject to the requirements of the statute of frauds if not created by operation of law, § 72-33-208, MCA (2009). These same basic requirements are contained in the current Montana Uniform Trust Code. See §§ 72-38-401, -402(1)(b), -407, MCA. ¶61 The court rel

2011 MT 224 Sep 13, 2011 Affirmed in part, reversed in part

Boehm v. Cokedale

Majority by Beth Baker · 5 to 0

d the purported trust had no named beneficiary or process for naming one as required by § 72-33-206, MCA; did not satisfy the statute of frauds requirement of § 72-33-208, MCA; and was not a trust created by operation of law. Since Boehm was perpetuating the lawsuit on behalf of a non-existent trust, the District Court granted Cokeda

Official Annotations archive.org, 2011 edition

History:

EnactedEn. SectionSec. 16, ChapterCh. 685, Laws ofL. 1989

Source text on leg.mt.gov