72-2-526. Choice of law as to execution. A written will is valid if executed in compliance with 72-2-522 or 72-2-523 or if its execution complies with the law at the time of execution of the place where the will is executed or of the law of the place where at the time of execution or at […]
72-2-527. Revocation by writing or act. (1) A will or any part of a will is revoked: (a) by executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or (b) by performing a revocatory act on the will if the testator performed the act with the intent and for the purpose of […]
72-2-528. Revocation by change of circumstances. Except as provided in 72-2-813 and 72-2-814, a change of circumstances does not revoke a will or any part of it. History: En. 91A-2-508 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-508; amd. Sec. 32, Ch. 494, L. 1993; Sec. 72-2-322, MCA 1991; redes. 72-2-528 by Code Commissioner, 1993.
72-2-529. Revival of revoked will. (1) If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under 72-2-527(1)(b), the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the […]
72-2-530. Incorporation by reference. A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. History: En. 91A-2-510 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-510; amd. Sec. 27, Ch. 494, L. 1993; Sec. […]
72-2-531. Testamentary additions to trusts. (1) (a) A will may validly devise property to the trustee of a trust established or to be established: (i) during the testator’s lifetime by the testator, by the testator and some other person, or by some other person, including a funded or unfunded life insurance trust, although the settlor has reserved any […]
72-2-532. Events of independent significance. A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator’s death. The execution or revocation of a will […]
72-2-533. Separate writing identifying disposition of tangible personal property. (1) Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. (2) To be admissible under this section as […]
72-2-534. Contracts concerning succession. (1) A contract to make a will or devise or not to revoke a will or devise or to die intestate, if executed after July 1, 1975, may be established only by: (a) provisions of a will stating material provisions of the contract; (b) an express reference in a will to a contract and […]
72-2-535. Deposit of will with court in testator’s lifetime. A will may be deposited by the testator or the testator’s agent with any court for safekeeping, under rules of the court. The will must be sealed and kept confidential. During the testator’s lifetime, a deposited will may be delivered only to the testator or to a […]
72-2-536. Duty of custodian of will — liability. After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and, if none is known, to an appropriate court. A person […]
72-2-537. Penalty clause for contest. A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings. History: En. 91A-3-905 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-905; amd. Sec. 46, Ch. 494, L. 1993; […]
