Mont. Code § 72-38-123 : ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS — MONTANA UNIFORM TRUST CODE — GENERAL PROVISIONS, DEFINITIONS, CONSTRUCTIVE AND RESULTING TRUSTS, AND NOTICE OF PROPOSED ACTION BY TRUSTEE —38-123 - Constructive trust TEXT PDF A constructive trust arises when a person holding title to property is subject to an equitable duty to convey it to another on the ground that the person holding title would be unjustly enriched if the holder were permitted to retain it. § 72-38-123, MCA Added by Laws 2013, Ch. 264, Sec. 17, eff. 10/1/2013.