If she fails to survive me, the residue of my estate shall be divided into as many shares as there are surviving descendants in the nearest degree of kinship and deceased descendants in the same degree who left issue who survive me. Residuary clause is important because it disposes of all property of decedent. Above clause provides for descendants and paraphrases language of MCA Sec. In appropriate circumstances will substitute marital bequest and non-qualifying marital trust in this part of will. If the testator wishes a later age, probably trust provisions would be included in the will.
Some practitioners use a trust to avoid appointment of a guardian.
I appoint my wife personal representative without bond of this will. May choose any person or trust company to serve as personal representative. If will contains trust, name trustee and successor trustee in this part of will. Also name guardian and conservator in appropriate cases. In addition to the powers given to my personal representative by law effective at my death, my personal representative shall have all powers authorized by the Montana Uniform Probate Code, as that Code exists on the date of this will.