Mont. Code Ann. § 72-7-306
(2021)

Appointment to deceased appointee or permissible appointee's descendant

(1) Subject to the antilapse provisions of 72-2-613, an appointment to a deceased appointee is ineffective.

(2) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of or create a new power of appointment in a descendant of a deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee.

History:
En. Sec. 16, Ch. 293, L. 2015 (SB 253 - McNally, Mary (D) SD 24)