72-2-801. Renumbered 72-2-412
72-2-801. Renumbered 72-2-412. Code Commissioner, 1993.
72-2-802. Renumbered 72-2-413
72-2-802. Renumbered 72-2-413. Code Commissioner, 1993.
72-2-803. Renumbered 72-2-414
72-2-803. Renumbered 72-2-414. Code Commissioner, 1993.
72-2-804. Renumbered 72-2-415
72-2-804. Renumbered 72-2-415. Code Commissioner, 1993.
72-2-805. through 72-2-810 reserved
72-2-805 through 72-2-810 reserved.
72-2-811. Repealed
72-2-811. Repealed. Sec. 105, Ch. 313, L. 2019. History: En. 91A-2-801 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-801; amd. Sec. 1, Ch. 52, L. 1981; amd. Sec. 1, Ch. 511, L. 1983; amd. Sec. 5, Ch. 494, L. 1993; Sec. 72-2-101, MCA 1991; redes. 72-2-811 by Code Commissioner, 1993; amd. Sec. 20, Ch. 592, […]
72-2-812. Effect of divorce, annulment, or decree of separation
72-2-812. Effect of divorce, annulment, or decree of separation. (1) An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless by virtue of a subsequent marriage the individual is married to the decedent at the time of death. A decree of separation that […]
72-2-813. Effect of financial exploitation or homicide on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designations
72-2-813. Effect of financial exploitation or homicide on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designations. (1) For purposes of this section, the following definitions apply: (a) ”Abuser” means a person who participates in the willful and unlawful financial exploitation of a vulnerable adult. (b) ”Disposition or appointment of property” includes a transfer of an […]
72-2-814. Revocation of probate and nonprobate transfers by divorce — no revocation by other changes of circumstances
72-2-814. Revocation of probate and nonprobate transfers by divorce — no revocation by other changes of circumstances. (1) As used in this section, the following definitions apply: (a) ”Disposition or appointment of property” includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument. (b) ”Divorce or annulment” means […]
72-2-815. Reformation to correct mistakes
72-2-815. Reformation to correct mistakes. The court may reform the terms of a governing instrument, even if unambiguous, to conform the terms to the transferor’s intention if it is proved by clear and convincing evidence what the transferor’s intention was and that the terms of the governing instrument were affected by a mistake of fact or […]
72-2-816. Modification to achieve transferor’s tax objectives
72-2-816. Modification to achieve transferor’s tax objectives. To achieve the transferor’s tax objectives, the court may modify the terms of a governing instrument in a manner that is not contrary to the transferor’s probable intention. The court may provide that the modification has retroactive effect. History: En. Sec. 38, Ch. 313, L. 2019.
72-2-817. Short title
72-2-817. Short title. Sections 72-2-817 through 72-2-833 may be cited as the “Uniform Disclaimer of Property Interests Act”. History: En. Sec. 39, Ch. 313, L. 2019.
72-2-818. Definitions
72-2-818. Definitions. As used in 72-2-817 through 72-2-833, the following definitions apply: (1) ”Disclaimant” means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. (2) ”Disclaimed interest” means the interest that would have passed to the disclaimant had the disclaimer not been made. (3) ”Disclaimer” means the refusal to accept […]
72-2-819. Scope
72-2-819. Scope. Sections 72-2-817 through 72-2-833 apply to disclaimers of any interest in or power over property, whenever created. History: En. Sec. 41, Ch. 313, L. 2019.
72-2-820. Sections supplemented by other law
72-2-820. Sections supplemented by other law. (1) Unless displaced by a provision of 72-2-817 through 72-2-833, the principles of law and equity supplement 72-2-817 through 72-2-833. (2) Sections 72-2-817 through 72-2-833 do not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a law other than […]
72-2-821. Power to disclaim — general requirements — when revocable
72-2-821. Power to disclaim — general requirements — when revocable. (1) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or […]
72-2-822. Disclaimer of interest in property
72-2-822. Disclaimer of interest in property. (1) In this section: (a) ”Future interest” means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation. (b) ”Time of distribution” means the time when a disclaimed interest would have taken effect in possession or enjoyment. (2) Except for a disclaimer governed by […]
72-2-823. Disclaimer of rights of survivorship in jointly held property
72-2-823. Disclaimer of rights of survivorship in jointly held property. (1) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of: (a) a fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death […]
72-2-824. Disclaimer of interest by trustee
72-2-824. Disclaimer of interest by trustee. If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property. History: En. Sec. 46, Ch. 313, L. 2019.
72-2-825. Disclaimer of power of appointment or other power not held in fiduciary capacity
72-2-825. Disclaimer of power of appointment or other power not held in fiduciary capacity. If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply: (1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power […]