reglab/housing_qa huggingface dataset:
MT Code § 72-2-527 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-527. Revocation by writing or act

  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 revoking the will or part of the will or if another individual performed the act in the testator's conscious presence and by the testator's direction. For purposes of this subsection (b), "revocatory act on the will" includes burning, tearing, canceling, obliterating, or destroying the will or any part of it. A burning, tearing, or canceling is a revocatory act on the will, whether or not the burn, tear, or cancellation touched any of the words on the will.   (2) If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will.   (3) The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked and only the subsequent will is operative on the testator's death.   (4) The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will and each will is fully operative on the testator's death to the extent they are not inconsistent.   History: En. 91A-2-507 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-507; amd. Sec. 31, Ch. 494, L. 1993; Sec. 72-2-321, MCA 1991; redes. 72-2-527 by Code Commissioner, 1993.
MT Code § 72-2-528 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-528. Revocation by change of circumstances

  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.
MT Code § 72-2-529 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-529. Revival of revoked will

  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 testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed.   (2) If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory act under 72-2-527(1)(b), a revoked part of the previous will is revived unless it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator did not intend the revoked part to take effect as executed.   (3) If a subsequent will that revoked a previous will in whole or in part is thereafter revoked by another, later will, the previous will remains revoked in whole or in part, unless it or its revoked part is revived. The previous will or its revoked part is revived to the extent it appears from the terms of the later will that the testator intended the previous will to take effect.   History: En. 91A-2-509 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-509; amd. Sec. 33, Ch. 494, L. 1993; Sec. 72-2-323, MCA 1991; redes. 72-2-529 by Code Commissioner, 1993.
MT Code § 72-2-530 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-530. Incorporation by reference

  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. 72-2-311, MCA 1991; redes. 72-2-530 by Code Commissioner, 1993.
MT Code § 72-2-531 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-531. Testamentary additions to trusts

  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 or all rights of ownership of the insurance contracts; or   (ii) at the testator's death by the testator's devise to the trustee if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust.   (b) The devise is not invalid because the trust is amendable or revocable or because the trust was amended after the execution of the will or the testator's death.   (2) Unless the testator's will provides otherwise, property devised to a trust described in subsection (1) is not held under a testamentary trust of the testator but it becomes a part of the trust to which it is devised and must be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death.   (3) Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse.   History: En. 91A-2-511 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-511; amd. Sec. 30, Ch. 494, L. 1993; Sec. 72-2-314, MCA 1991; redes. 72-2-531 by Code Commissioner, 1993.
MT Code § 72-2-532 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-532. Events of independent significance

  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 of another person is such an event.   History: En. 91A-2-512 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-512; amd. Sec. 29, Ch. 494, L. 1993; Sec. 72-2-313, MCA 1991; redes. 72-2-532 by Code Commissioner, 1993.
MT Code § 72-2-533 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-533. Separate writing identifying disposition of tangible personal property

  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 evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty.   (3) The writing may be:   (a) referred to as one to be in existence at the time of the testator's death;   (b) prepared before or after the execution of the will;   (c) altered by the testator after its preparation; and   (d) a writing that has no significance apart from its effect upon the dispositions made by the will.   History: En. 91A-2-513 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-513; amd. Sec. 28, Ch. 494, L. 1993; Sec. 72-2-312, MCA 1991; redes. 72-2-533 by Code Commissioner, 1993.
MT Code § 72-2-534 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-534. Contracts concerning succession

  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 extrinsic evidence proving the terms of the contract; or   (c) a writing signed by the decedent evidencing the contract.   (2) The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.   History: En. 91A-2-701 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-701; amd. Sec. 9, Ch. 494, L. 1993; Sec. 72-2-105, MCA 1991; redes. 72-2-534 by Code Commissioner, 1993.
MT Code § 72-2-535 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-535. Deposit of will with court in testator's lifetime

  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 person authorized in writing signed by the testator to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible and to ensure that it will be resealed and kept on deposit after the examination. Upon being informed of the testator's death, the court shall notify any person designated to receive the will and deliver it to that person on request or the court may deliver the will to the appropriate court.   History: En. 91A-2-901 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-901; amd. Sec. 36, Ch. 494, L. 1993; Sec. 72-2-402, MCA 1991; redes. 72-2-535 by Code Commissioner, 1993.
MT Code § 72-2-536 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-536. Duty of custodian of will -- liability

  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 who willfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure. A person who willfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.   History: En. 91A-2-902 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-902; amd. Sec. 35, Ch. 494, L. 1993; Sec. 72-2-401, MCA 1991; redes. 72-2-536 by Code Commissioner, 1993.
MT Code § 72-2-537 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-537. Penalty clause for contest

  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; Sec. 72-2-519, MCA 1991; redes. 72-2-537 by Code Commissioner, 1993.
MT Code § 72-2-601 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 6. Rules of Construction Applicable Only to Wills|72-2-601. Renumbered 72-2-331

  72-2-601. Renumbered 72-2-331. Code Commissioner, 1993.
MT Code § 72-2-602 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 6. Rules of Construction Applicable Only to Wills|72-2-602. Renumbered 72-2-332

  72-2-602. Renumbered 72-2-332. Code Commissioner, 1993.
MT Code § 72-2-603 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 6. Rules of Construction Applicable Only to Wills|72-2-603. through 72-2-610 reserved

  72-2-603 through 72-2-610 reserved.
MT Code § 72-2-611 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 6. Rules of Construction Applicable Only to Wills|72-2-611. Scope

  72-2-611. Scope. In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a will.   History: En. Sec. 47, Ch. 494, L. 1993.
MT Code § 72-2-612 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 6. Rules of Construction Applicable Only to Wills|72-2-612. Will may pass all property and after-acquired property

  72-2-612. Will may pass all property and after-acquired property. A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the testator's death.   History: En. 91A-2-604 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-604; amd. Sec. 37, Ch. 494, L. 1993; Sec. 72-2-502, MCA 1991; redes. 72-2-612 by Code Commissioner, 1993.
MT Code § 72-2-614 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 6. Rules of Construction Applicable Only to Wills|72-2-614. Failure of testamentary provision

  72-2-614. Failure of testamentary provision. (1) Except as provided in 72-2-613, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue.   (2) Except as provided in 72-2-613, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.   History: En. 91A-2-606 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-606; amd. Sec. 40, Ch. 494, L. 1993; Sec. 72-2-513, MCA 1991; redes. 72-2-614 by Code Commissioner, 1993.
MT Code § 72-2-615 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 6. Rules of Construction Applicable Only to Wills|72-2-615. Increase in securities -- accessions

  72-2-615. Increase in securities -- accessions. (1) If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the additional securities were acquired by the testator after the will was executed as a result of the testator's ownership of the described securities and if the securities are of any of the following types:   (a) securities of the same organization acquired by reason of action initiated by the organization or any successor, related, or acquiring organization, excluding any acquired by exercise of purchase options;   (b) securities of another organization acquired as a result of a merger, consolidation, reorganization, or other distribution by the organization or any successor, related, or acquiring organization; or   (c) securities of the same organization acquired as a result of a plan of reinvestment.   (2) Distributions in cash before death with respect to a described security are not part of the devise.   History: En. 91A-2-607 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-607; amd. Sec. 7, Ch. 582, L. 1989; amd. Sec. 44, Ch. 494, L. 1993; Sec. 72-2-517, MCA 1991; redes. 72-2-615 by Code Commissioner, 1993.
MT Code § 72-2-617 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 6. Rules of Construction Applicable Only to Wills|72-2-617. Nonexoneration

  72-2-617. Nonexoneration. A specific devise passes subject to any security interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.   History: En. 91A-2-609 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-609; amd. Sec. 41, Ch. 494, L. 1993; Sec. 72-2-514, MCA 1991; redes. 72-2-617 by Code Commissioner, 1993.
MT Code § 72-2-618 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 6. Rules of Construction Applicable Only to Wills|72-2-618. Repealed

  72-2-618. Repealed. Sec. 40, Ch. 293, L. 2015.   History: En. 91A-2-610 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-610; amd. Sec. 45, Ch. 494, L. 1993; Sec. 72-2-518, MCA 1991; redes. 72-2-618 by Code Commissioner, 1993.
MT Code § 72-2-619 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 6. Rules of Construction Applicable Only to Wills|72-2-619. Ademption by satisfaction

  72-2-619. Ademption by satisfaction. (1) Property that a testator gave in the testator's lifetime to a person is treated as a satisfaction of a devise in whole or in part only if:   (a) the will provides for deduction of the gift;   (b) the testator declared in a contemporaneous writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise; or   (c) the devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.   (2) For purposes of partial satisfaction, property given during the testator's lifetime is valued as of the time the devisee came into possession or enjoyment of the property or at the testator's death, whichever occurs first.   (3) If the devisee fails to survive the testator, the gift is treated as a full or partial satisfaction of the devise, as appropriate, in applying 72-2-613 and 72-2-614, unless the testator's contemporaneous writing provides otherwise.   History: En. 91A-2-612 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-612; amd. Sec. 42, Ch. 494, L. 1993; Sec. 72-2-515, MCA 1991; redes. 72-2-619 by Code Commissioner, 1993.
MT Code § 72-2-701 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 7. Rules of Construction Applicable to Wills and Other Governing Instruments|72-2-701. Renumbered 72-2-122

  72-2-701. Renumbered 72-2-122. Code Commissioner, 1993.
MT Code § 72-2-702 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 7. Rules of Construction Applicable to Wills and Other Governing Instruments|72-2-702. Renumbered 72-2-221

  72-2-702. Renumbered 72-2-221. Code Commissioner, 1993.
MT Code § 72-2-703 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 7. Rules of Construction Applicable to Wills and Other Governing Instruments|72-2-703. Renumbered 72-2-223

  72-2-703. Renumbered 72-2-223. Code Commissioner, 1993.
MT Code § 72-2-704 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 7. Rules of Construction Applicable to Wills and Other Governing Instruments|72-2-704. Renumbered 72-2-226

  72-2-704. Renumbered 72-2-226. Code Commissioner, 1993.
MT Code § 72-2-705 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 7. Rules of Construction Applicable to Wills and Other Governing Instruments|72-2-705. Renumbered 72-2-222

  72-2-705. Renumbered 72-2-222. Code Commissioner, 1993.
MT Code § 72-2-706 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 7. Rules of Construction Applicable to Wills and Other Governing Instruments|72-2-706. Renumbered 72-2-227

  72-2-706. Renumbered 72-2-227. Code Commissioner, 1993.
MT Code § 72-2-707 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 7. Rules of Construction Applicable to Wills and Other Governing Instruments|72-2-707. Renumbered 72-2-225

  72-2-707. Renumbered 72-2-225. Code Commissioner, 1993.
MT Code § 72-2-708 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 7. Rules of Construction Applicable to Wills and Other Governing Instruments|72-2-708. through 72-2-710 reserved

  72-2-708 through 72-2-710 reserved.
MT Code § 72-2-711 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 7. Rules of Construction Applicable to Wills and Other Governing Instruments|72-2-711. Scope

  72-2-711. Scope. In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a governing instrument. The rules of construction in this part apply to a governing instrument of any type, except as the application of a particular section is limited by its terms to a specific type or types of provision or governing instrument.   History: En. Sec. 61, Ch. 494, L. 1993.