Montana's Requirements for a Will
Montana's Requirements for a Will
Log in
or
 Use Facebook account  Use Google account  Use Twitter account  Use Microsoft account
Register

or
 Use Facebook account  Use Google account  Use Twitter account  Use Microsoft account

Montana's Requirements for a Will

arrow-green-right

Summary of Montana's Will Requirements:

Minimum Age to Make a Will 18
Written Document Required Yes
Nuncupative Wills (Oral) No
Holographic Wills (Hand-Written, Unwitnessed) Yes
Number of Witnesses Required 2
Self-Proving Affidavit Allowed
Statutory Form for Self-Proving Affidavit Yes

 

 

arrow-green-right

Statutes Governing Montana's Will Requirements:

 

Who May Make Will

An individual 18 or more years of age who is of sound mind may make a will.

Montana Code Annotated, 2005, § 72-2-521

 

Execution -- witnessed wills -- holographic wills

(1) Except as provided in 72-2-523, 72-2-526, 72-2-533, and subsection (2) of this section, a will must be:

(a) in writing;
(b) signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and

(c) signed by at least two individuals, each of whom signed within a reasonable time after having witnessed either the signing of the will as described in subsection (1)(b) or the testator's acknowledgment of that signature or acknowledgment of the will.

(2) A will that does not comply with subsection (1) is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.

(3) Intent that the document constitute the testator's will may be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator's handwriting.

Montana Code Annotated, 2005, § 72-2-522

 

Writings intended as wills

Although a document or writing added upon a document was not executed in compliance with 72-2-522, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute:

(1) the decedent's will;

(2) a partial or complete revocation of the will;

(3) an addition to or an alteration of the will; or

(4) a partial or complete revival of the decedent's formerly revoked will or of a formerly revoked portion of the will.

Montana Code Annotated, 2005, § 72-2-523

 

Self-proved will

(1) A will may be simultaneously executed, attested, and made self-proved by acknowledgment by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer's certificate, under official seal, in substantially the following form:


I, .........., the testator, sign my name to this instrument this ...... day of ......, 20..., and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my will, that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes expressed in it, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence.

..................................
Testator


We, .........., .........., the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as the testator's will, that the testator signs it willingly (or willingly directs another to sign for the testator), that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the testator's signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.

...................................
Witness

...................................
Witness

 

THE STATE OF ..................

COUNTY OF .......................

Subscribed, sworn to, and acknowledged before me by .........., the testator, and subscribed and sworn to before me by .......... and .........., witnesses, this ...... day of ......, 20...

(SEAL) (Signed)...................
(Official capacity of officer)

..............................................

 

(2) An attested will may be made self-proved at any time after its execution by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which the acknowledgment occurs and evidenced by the officer's certificate, under the official seal, attached or annexed to the will in substantially the following form:

THE STATE OF ..................

COUNTY OF .......................

We, .........., .........., and .........., the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as the testator's will, that the testator signed willingly (or willingly directed another to sign for the testator), that the testator executed it as the testator's free and voluntary act for the purposes expressed in it, that each of the witnesses, in the presence and hearing of the testator, signed the will as witness, and that to the best of the witness's knowledge the testator was at that time 18 years of age or older, of sound mind, and under no constraint or undue influence.

........................................... Testator

........................................... Witness

........................................... Witness

 

Subscribed, sworn to, and acknowledged before me by .........., the testator, and subscribed and sworn to before me by .......... and .........., witnesses, this ...... day of ......, 20.....

(SEAL) (Signed) .................

(Official capacity of officer)

.............................................

 

(3) A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will if necessary to prove the will's due execution.

Montana Code Annotated, 2005, § 72-2-524

 

Who may witness

(1) An individual generally competent to be a witness may act as a witness to a will.
(2) The signing of a will by an interested witness does not invalidate the will or any provision of it.

Montana Code Annotated, 2005, § 72-2-525

 

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 the time of death the testator is domiciled, has a place of abode, or is a national.

Montana Code Annotated, 2005, § 72-2-526

 

[Reference - Montana Requirements for a Will]

email this page