Resulting Trust Upon Full Performance Of Trust

Mont. Code Ann. § 72-38-121, under General Provisions, Definitions, Constructive and Resulting Trusts, and Notice of Proposed Action by Trustee.

Mont. Code Ann. § 72-38-121

When the owner of property gratuitously transfers it subject to a trust that is properly declared and that is fully performed without exhausting the trust estate, the trustee holds the surplus as a resulting trust for the transferor or the transferor's estate unless the transferor manifested in the trust instrument an intention that no resulting trust of the surplus should arise.