Mont. Code Ann. » TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS · CHAPTER 33. TRUST CODE GENERAL PROVISIONS (Repealed) · Part 2. Creation and Validity of Trusts Resulting and Constructive Trusts (Repealed)
Montana Code Annotated

Mont. Code Ann. § 72-33-202 (2026)

Repealed

✓ laws through the 2025 session (checked Sept. 2026)
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 33
  4. Part 2
  5. 72-33-202 Repealed

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 33. TRUST CODE GENERAL PROVISIONS (Repealed)

Part 2. Creation and Validity of Trusts Resulting and Constructive Trusts (Repealed)

Repealed

72-33-202. Repealed. Sec. 162, Ch. 264, L. 2013.

History: En. Sec. 10, Ch. 685, L. 1989.

Notes of Decisions
Cited in 7 cases, 1997–2014 · leading case: Matter of Est. of Bolinger, 943 P.2d 981 (Mont. 1997).
Sort: Relevance Newest Treatment
Matter of Est. of Bolinger, 943 P.2d 981 (Mont. 1997). · cites it 10× “While the parties do not take any definitive position as to which body of statutory law applies in this case as to this first issue, the District Judge cites to the law in effect at the time Decedent died and which is presently in effect, § 72-33-202, MCA. In this regard, we…”
Cowan v. Cowan, 2004 MT 97, 89 P.3d 6. · cites it 4× “Thus, the question is not whether the language within a property transfer document, here a deed, references a trust, but whether there is any evidence which "manifests an intention to create a trust," § 72-33-202, MCA, including evidence outside of the property transfer document…”
New Hope Lutheran Ministry v. Faith Lutheran Church of Great Falls, Inc., 2014 MT 69, 328 P.3d 586. · cites it 2× “A trust could be created “only if the trustor properly manifests 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).”
In Re Trust of Jameison, 2000 MT 190, 8 P.3d 83. · cites it 4× “However, the "transfer of property by the owner during the owner's lifetime to another person as trustee" is an additional, separate requirement for the creation of a trust. Section 72-33-201(2), MCA. We concluded above that Bolich lacked authority to transfer Jameison's…”
Schmidt v. Bolich, 2000 MT 190, 8 P.3d 83. · cites it 4× “Section 72-33-201(2), MCA. We concluded above that Bolich lacked authority to transfer Jameison’s property to herself as trustee and, therefore, the Jameison Trust was not created by one of the methods set forth in § 72-33-201, MCA.”
Boehm v. Cokedale, LLC, 2011 MT 224, 261 P.3d 994. · cites it 2× “Those other statutory provisions, missing here-as evidenced by the “trust” Boehm described in his deposition-include a proper manifestation of a trustor to create a trust (§ 72-33-202, MCA); a trust purpose that can be determined with reasonable certainty (§72-33-205, MCA); a…”
Matter of the Mustard Trust, 2000 MT 134N. “Sections 72-33-202, 203, 206, 208, MCA. The first three elements are clearly present as demonstrated in the above factual description.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.