Table of Contents
TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS
CHAPTER 3. UPC – PROBATE AND ADMINISTRATION
Part 6. Personal Representative Powers, Duties, and Compensation
Current Version 2025, 2023, 2021, 2019, 2015, 2013, 2011, 2009, 2007, 2005, 2003, 2001, 1999, 1997, 1995
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72-3-601
72-3-602
72-3-603
72-3-604
72-3-605
72-3-606
72-3-607
72-3-609
72-3-610
72-3-611
72-3-612
72-3-613
72-3-614
72-3-615
72-3-616
72-3-617
72-3-618
72-3-619
72-3-621
72-3-622
72-3-623
72-3-624
72-3-631
72-3-632
72-3-634
Mont. Code Ann. § 72-3-615

Transaction involving conflict of interest – voidable – exceptions

Any sale or encumbrance to the personal representative, the personal representative's spouse, agent, or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest or any transaction that is affected by a substantial conflict of interest on the part of the personal representative is voidable by any person interested in the estate except one who has consented after fair disclosure unless:

(1) the will or a contract entered into by the decedent expressly authorized the transaction; or

(2) the transaction is approved by the court after notice to interested persons.

Official Annotations
History:
En. 91A-3-711 by Sec. 1, Ch. 365, L. 1974
R.C.M. 1947, 91A-3-711
Amd. Sec. 2357, Ch. 56, L. 2009 (HB 37 - Campbell, Margarett (D) HD 31)
Source