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72-38-301. Representation -- basic effect

MT Code § 72-38-301 (2019) (N/A)
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72-38-301. Representation -- basic effect. (1) Notice to a person who may represent and bind another person under this part has the same effect as if notice were given directly to the other person.

(2) The consent of a person who may represent and bind another person under this part is binding on the person represented unless the person represented objects to the representation by notifying the trustee or representative before the consent would otherwise have become effective.

(3) Except as otherwise provided in 72-38-411 and 72-38-602, a person who under this part may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.

(4) A settlor may not represent and bind a beneficiary under this part with respect to the termination or modification of a trust under 72-38-411(1).

(5) In the event of a conflict between this part and part 2 of this chapter, the provisions of part 2 must supersede the contrary provisions in this part.

History: En. Sec. 45, Ch. 264, L. 2013; amd. Sec. 33, Ch. 55, L. 2015; amd. Sec. 2, Ch. 181, L. 2015.

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72-38-302. Representation by holder of general testamentary power of appointment