72-38-407. Statute of frauds. A trust is not valid unless evidenced by one of the following methods:

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Terms Used In Montana Code 72-38-407

  • Settlor: means a person, including a testator, who creates or contributes property to a trust. See Montana Code 72-38-103
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: includes an original, additional, and successor trustee and a cotrustee. See Montana Code 72-38-103
  • Writing: includes printing. See Montana Code 1-1-203

(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 settlor or by the settlor’s agent if authorized in writing to do so; or

(3)by operation of law.