Mont. Code Ann. » TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS · CHAPTER 33. TRUST CODE GENERAL PROVISIONS (Repealed) · Part 4. Modification and Termination of Trusts (Repealed)
Montana Code Annotated

Mont. Code Ann. § 72-33-406 (2026)

Repealed

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 33
  4. Part 4
  5. 72-33-406 Repealed

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 33. TRUST CODE GENERAL PROVISIONS (Repealed)

Part 4. Modification and Termination of Trusts (Repealed)

Repealed

72-33-406. Repealed. Sec. 162, Ch. 264, L. 2013.

History: En. Sec. 33, Ch. 685, L. 1989.

Notes of Decisions
Cited in 6 cases, 1995–2005 · leading case: In Re Est. of Berthot, 2002 MT 277 (Mont. 2002).
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In Re Est. of Berthot, 2002 MT 277 (Mont. 2002). · cites it 29× “First, Justice Cotter argues in her dissent that since the beneficiaries were "virtually unanimous" in their request to modify the trust, § 72-33-406, MCA, justifies removal of Norwest as trustee.”
In Re the Marriage of Epperson, 2005 MT 46 (Mont. 2005). · cites it 6× “Section 72-33-406, MCA, provides: (1) Except as provided in subsection (2), if all beneficiaries of an irrevocable trust consent, they may compel modification or termination of the trust upon petition to the court.”
Collins v. Norwest Inv. Mgmt. & Trust, 2002 MT 277 (Mont. 2002). · cites it 29× “First, Justice Cotter argues in her dissent that *376 since the beneficiaries were “virtually unanimous” in their request to modify the trust, § 72-33-406, MCA, justifies removal of Norwest as trustee.”
In Re Mark K. Eggebrecht Irrevocable Trust, 2000 MT 189 (Mont. 2000). · cites it 3× “¶23 ' Section 72-33-406, MCA, states, in relevant part: (1) Except as provided in subsection (2), if all beneficiaries of an irrevocable trust consent, they may compel modification or termination of the trust upon petition to the court.”
In Re Jt. E. & S. Dist. Asbestos Litig., 878 F. Supp. 473 (S.D.N.Y. 1995). “as a result of circumstances not foreseen to the settlor are not effectively being fulfilled or are frustrated"); Mont.Code Ann. § 72-33-406 (1993) (modification or termination permitted with consent of all beneficiaries unless court, in its discretion, determines that…”
Findley v. Falise, 878 F. Supp. 473 (E.D.N.Y 1995). “as a result of circumstances not foreseen to the settlor are not effectively being fulfilled or are frustrated”); Mont.Code Ann. § 72-33-406 (1993) (modification or termination permitted with consent of all beneficiaries unless court, in its discretion, determines that…”
— Mont. Code Ann. § 72-33-406(1) — 2 cases
In Re Est. of Berthot, 2002 MT 277 (Mont. 2002). “First, Justice Cotter argues in her dissent that since the beneficiaries were "virtually unanimous" in their request to modify the trust, § 72-33-406, MCA, justifies removal of Norwest as trustee.”
Collins v. Norwest Inv. Mgmt. & Trust, 2002 MT 277 (Mont. 2002). “First, Justice Cotter argues in her dissent that *376 since the beneficiaries were “virtually unanimous” in their request to modify the trust, § 72-33-406, MCA, justifies removal of Norwest as trustee.”
— Mont. Code Ann. § 72-33-406(2) — 2 cases
In Re Est. of Berthot, 2002 MT 277 (Mont. 2002). “First, Justice Cotter argues in her dissent that since the beneficiaries were "virtually unanimous" in their request to modify the trust, § 72-33-406, MCA, justifies removal of Norwest as trustee.”
Collins v. Norwest Inv. Mgmt. & Trust, 2002 MT 277 (Mont. 2002). “First, Justice Cotter argues in her dissent that *376 since the beneficiaries were “virtually unanimous” in their request to modify the trust, § 72-33-406, MCA, justifies removal of Norwest as trustee.”
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.