Mont. Code Ann. § 72-2-1017
effective 1993, amended 1995
§ 72-2-1017. Honorary trusts – trusts for pets
(1) Subject to subsection (3), a trust may be performed by the trustee
for 21 years but no longer, whether or not the terms of the trust
contemplate a longer duration if:
(a) a trust is for a specific lawful noncharitable purpose or
for lawful noncharitable purposes to be selected by the trustee; and
(b) there is no definite or definitely ascertainable
beneficiary designated.
(2) Subject to the provisions of subsection (3) and this subsection, a
trust for the care of a designated domestic or pet animal is valid. The
trust terminates when no living animal is covered by the trust. A
governing instrument must be liberally construed to bring the transfer
within this subsection, to presume against the merely precatory or
honorary nature of the disposition, and to carry out the general intent
of the transferor. Extrinsic evidence is admissible in determining the
transferor's intent.
(3) In addition to the provisions of subsection (1) or (2), a trust
covered by either of those subsections is subject to the following
provisions:
(a) Except as expressly provided otherwise in the trust
instrument, no portion of the principal or income may be converted to
the use of the trustee or to any use other than for the trust's purposes
or for the benefit of a covered animal.
(b) Upon termination, the trustee shall transfer the
unexpended trust property in the following order:
(i) as directed in the trust instrument;
(ii) if the trust was created in a nonresiduary clause in the
transferor's will or in a codicil to the transferor's will, under the
residuary clause in the transferor's will; and
(iii) if no taker is produced by the application of
subsection (3)(b)(i) or (3)(b)(ii), to the transferor's heirs under
72-2-721.
(c) For the purposes of 72-2-717, the residuary clause is
treated as creating a future interest under the terms of a trust.
(d) The intended use of the principal or income may be
enforced by an individual designated for that purpose in the trust
instrument or, if none, by an individual appointed by a court upon
application to it by an individual.
(e) Except as ordered by the court or required by the trust
instrument, no filing, report, registration, periodic accounting,
separate maintenance of funds, appointment, or fee is required by reason
of the existence of the fiduciary relationship of the trustee.
(f) A court may reduce the amount of the property transferred
if it determines that that amount substantially exceeds the amount
required for the intended use. The amount of the reduction, if any,
passes as unexpended trust property under subsection (3)(b).
(g) If no trustee is designated or no designated trustee is
willing or able to serve, a court shall name a trustee. A court may
order the transfer of the property to another trustee if required to
ensure that the intended use is carried out and if no successor trustee
is designated in the trust instrument or if no designated successor
trustee agrees to serve or is able to serve. A court may also make such
other orders and determinations as are advisable to carry out the intent
of the transferor and the purpose of this section.
Mont. Code Ann. § 72-38-408. Trust for care of animal
Effective Oct. 1, 2013
(1) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal.
(2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.
(3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, and otherwise to the settlor's successors in interest.