reglab/housing_qa huggingface dataset:
MT Code § 72-2-826 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-826. Disclaimer by appointee, object, or taker in default of exercise of power of appointment

  72-2-826. Disclaimer by appointee, object, or taker in default of exercise of power of appointment. (1) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.   (2) A disclaimer of an interest in property by an object or taker in default of an exercise of a power of appointment takes effect as of the time the instrument creating the power becomes irrevocable.   History: En. Sec. 48, Ch. 313, L. 2019.
MT Code § 72-2-827 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-827. Disclaimer of power held in fiduciary capacity

  72-2-827. Disclaimer of power held in fiduciary capacity. (1) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.   (2) If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power.   (3) A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting.   History: En. Sec. 49, Ch. 313, L. 2019.
MT Code § 72-2-829 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-829. When disclaimer barred or limited

  72-2-829. When disclaimer barred or limited. (1) A disclaimer is barred by a written waiver of the right to disclaim.   (2) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:   (a) the disclaimant accepts the interest sought to be disclaimed;   (b) the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or   (c) a judicial sale of the interest sought to be disclaimed occurs.   (3) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.   (4) A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.   (5) A disclaimer is barred or limited if so provided by law other than 72-2-817 through 72-2-833.   (6) A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under 72-2-817 through 72-2-833 had the disclaimer not been barred.   History: En. Sec. 51, Ch. 313, L. 2019.
MT Code § 72-2-830 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-830. Tax qualified disclaimer

  72-2-830. Tax qualified disclaimer. Notwithstanding any other provision of 72-2-817 through 72-2-833, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under 72-2-817 through 72-2-833.   History: En. Sec. 52, Ch. 313, L. 2019.
MT Code § 72-2-831 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-831. Recording of disclaimer

  72-2-831. Recording of disclaimer. If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded, or registered, the disclaimer may be so filed, recorded, or registered. Except as otherwise provided in 72-2-828(7)(b), failure to file, record, or register the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.   History: En. Sec. 53, Ch. 313, L. 2019.
MT Code § 72-2-832 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-832. Application to existing relationships

  72-2-832. Application to existing relationships. Except as otherwise provided in 72-2-829, an interest in or power over property existing on October 1, 2019, as to which the time for delivering or filing a disclaimer under law superseded by 72-2-817 through 72-2-833 has not expired may be disclaimed after October 1, 2019.   History: En. Sec. 54, Ch. 313, L. 2019.
MT Code § 72-2-833 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-833. Relation to electronic signatures in global and national commerce act

  72-2-833. Relation to electronic signatures in global and national commerce act. Sections 72-2-817 through 72-2-833 modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001, et seq.) but do not modify, limit, or supersede section 101(c) of that act (15 U.S.C. 7001(c)) or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 U.S.C. 7003(b)).   History: En. Sec. 55, Ch. 313, L. 2019.
MT Code § 72-2-901 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 9. Uniform International Will Act|72-2-901. Definitions

  72-2-901. Definitions. In this part, the following definitions apply:   (1) "Authorized person" and "person authorized to act in connection with international wills" means a person who by 72-2-908 or by the laws of the United States, including members of the diplomatic and consular service of the United States designated by the foreign service regulations, is empowered to supervise the execution of international wills.   (2) "International will" means a will executed in conformity with 72-2-902 through 72-2-905.   History: En. Sec. 1, Ch. 62, L. 1991.
MT Code § 72-2-902 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 9. Uniform International Will Act|72-2-902. Validity

  72-2-902. Validity. (1) The form of a will is valid, regardless of the place where it is made, of the location of the assets, and of the nationality, domicile, or residence of the testator, if it is made in the form of an international will complying with the requirements of this part.   (2) The invalidity of the will as an international will does not affect its formal validity as a will of another kind.   (3) This part does not apply to the form of testamentary dispositions made by two or more persons in one instrument.   History: En. Sec. 2, Ch. 62, L. 1991.
MT Code § 72-2-903 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 9. Uniform International Will Act|72-2-903. Requirements

  72-2-903. Requirements. (1) An international will must be made in writing. It need not be personally written by the testator. It may be written in any language, by hand, or by any other means.   (2) The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is the testator's will and that the testator knows the contents of the will. The testator need not inform the witnesses or the authorized person of the contents of the will.   (3) In the presence of the witnesses and of the authorized person, the testator shall sign the will or, if the testator has previously signed it, shall acknowledge the testator's signature.   (4) If the testator is unable to sign, the absence of the testator's signature does not affect the validity of the international will if the testator indicates the reason for the testator's inability to sign and the authorized person makes note of the inability on the will. In that case, it is permissible for any other person present, including the authorized person or one of the witnesses, at the direction of the testator, to sign the testator's name for the testator if the authorized person makes note of this on the will, but it is not required that any person sign the testator's name for the testator.   (5) The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.   History: En. Sec. 3, Ch. 62, L. 1991; amd. Sec. 2310, Ch. 56, L. 2009.
MT Code § 72-2-904 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 9. Uniform International Will Act|72-2-904. Other points of form

  72-2-904. Other points of form. (1) The signatures must be placed at the end of the will. If the will consists of several sheets, each sheet must be signed by the testator or, if the testator is unable to sign, by the person signing on the testator's behalf or, if there is no such person, by the authorized person. In addition, each sheet must be numbered.   (2) The date of the will must be the date of its signature by the authorized person.   (3) The authorized person shall ask the testator whether the testator wished to make a declaration concerning the safekeeping of the testator's will. If so and at the express request of the testator, the place where the testator intends to have the will kept must be mentioned in the certificate provided for in 72-2-905.   (4) A will executed in compliance with 72-2-903 is not invalid merely because it does not comply with this section.   History: En. Sec. 4, Ch. 62, L. 1991; amd. Sec. 2311, Ch. 56, L. 2009.
MT Code § 72-2-905 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 9. Uniform International Will Act|72-2-905. Certificate

  72-2-905. Certificate. The authorized person shall attach to the will a certificate to be signed by the authorized person establishing that the requirements of this part for valid execution of an international will have been fulfilled. The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate must be substantially in the following form:   CERTIFICATE   (Convention of October 26, 1973)   I, ______________ (name, address, and capacity), a person authorized to act in connection with international wills, certify that on _________ (date) at ____________ (place) (testator) _________________ (name, address, date, and place of birth) in my presence and that of the witnesses   (a) ______________ (name, address, date, and place of birth)   (b) ______________ (name, address, date, and place of birth) has declared that the attached document is the testator's will and that the testator knows the contents of the will.   I furthermore certify that:   (a) in my presence and in that of the witnesses   (1) the testator has signed the will or has acknowledged the testator's signature previously affixed;   (2) following a declaration of the testator stating that the testator was unable to sign the will for the following reason _________________, I have mentioned this declaration on the will, and the signature has been affixed by _______________ (name and address);   (b) the witnesses and I have signed the will;   *(c) each page of the will has been signed by _____________ and numbered;   (d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above;   (e) the witnesses met the conditions requisite to act as such according to the law under which I am acting;   *(f) the testator has requested me to include the following statement concerning the safekeeping of the will:       PLACE OF EXECUTION       DATE       SIGNATURE and, if necessary, SEAL    * to be completed if appropriate   History: En. Sec. 5, Ch. 62, L. 1991; amd. Sec. 2312, Ch. 56, L. 2009.
MT Code § 72-2-906 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 9. Uniform International Will Act|72-2-906. Effect of certificate

  72-2-906. Effect of certificate. In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under this part. The absence or irregularity of a certificate does not affect the formal validity of a will under this part.   History: En. Sec. 6, Ch. 62, L. 1991.
MT Code § 72-2-907 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 9. Uniform International Will Act|72-2-907. Revocation

  72-2-907. Revocation. An international will is subject to the ordinary rules of revocation of wills.   History: En. Sec. 7, Ch. 62, L. 1991.
MT Code § 72-2-908 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 9. Uniform International Will Act|72-2-908. Persons authorized to act in relation to international will -- eligibility -- recognition by authorizing agency

  72-2-908. Persons authorized to act in relation to international will -- eligibility -- recognition by authorizing agency. Individuals who have been admitted to practice law before the courts of this state and are currently licensed are authorized persons in relation to international wills.   History: En. Sec. 9, Ch. 62, L. 1991.
MT Code § 72-2-909 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 9. Uniform International Will Act|72-2-909. International will information registration

  72-2-909. International will information registration. The secretary of state shall establish a registry system by which authorized persons may register in a central information center information regarding the execution of international wills, keeping that information in strictest confidence until the death of the maker and then making it available to any person desiring information about any will who presents a death certificate or other satisfactory evidence of the testator's death to the center. Information that may be received, preserved in confidence until death, and reported as indicated is limited to the name, social security or individual-identifying number established by law, address, and date and place of birth of the testator and the intended place of deposit or safekeeping of the instrument pending the death of the maker. The secretary of state, at the request of the authorized person, may cause the information that the secretary of state receives about the execution of any international will to be transmitted to the registry system of another jurisdiction as identified by the testator if that other registry system adheres to rules protecting the confidentiality of the information similar to those established in this state.   History: En. Sec. 10, Ch. 62, L. 1991; amd. Sec. 2313, Ch. 56, L. 2009.
MT Code § 72-2-910 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 9. Uniform International Will Act|72-2-910. Source and construction

  72-2-910. Source and construction. Sections 72-2-901 through 72-2-907 derive from the Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying this part, regard must be given to its international origin and to the need for uniformity in its interpretation.   History: En. Sec. 8, Ch. 62, L. 1991.
MT Code § 72-2-1001 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 10. Uniform Statutory Rule Against Perpetuities -- Honorary Trusts|72-2-1001. Short title

  72-2-1001. Short title. This part may be cited as the "Uniform Statutory Rule Against Perpetuities".   History: En. Sec. 1, Ch. 250, L. 1989; Sec. 70-1-801, MCA 1991; redes. 72-2-1001 by Code Commissioner, 1993.
MT Code § 72-2-1002 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 10. Uniform Statutory Rule Against Perpetuities -- Honorary Trusts|72-2-1002. Statutory rule against perpetuities

  72-2-1002. Statutory rule against perpetuities. (1) A nonvested property interest is invalid unless:   (a) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or   (b) the interest either vests or terminates within 90 years after its creation.   (2) A general power of appointment not presently exercisable because of a condition precedent is invalid unless:   (a) when the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy no later than 21 years after the death of an individual then alive; or   (b) the condition precedent either is satisfied or becomes impossible to satisfy within 90 years after its creation.   (3) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:   (a) when the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of an individual then alive; or   (b) the power is irrevocably exercised or otherwise terminates within 90 years after its creation.   (4) In determining whether a nonvested property interest or a power of appointment is valid under subsection (1)(a), (2)(a), or (3)(a), the possibility that a child will be born to an individual after the individual's death is disregarded.   (5) If, in measuring a period from the creation of a trust or other property arrangement, a clause in a governing instrument purports to postpone the vesting or termination of any interest or trust until, purports to disallow the vesting or termination of any interest or trust beyond, purports to require all interests or trusts to vest or terminate no later than, or operates in any similar fashion upon the later of:   (a) the expiration of a period of time that exceeds 21 years or that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement; or   (b) the death of, or the expiration of a period not exceeding 21 years after the death of, the survivor of specified lives in being at the creation of the trust or other property arrangement, then the portion of the clause pertaining to the period of time that exceeds 21 years or that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement must be disregarded, and the clause operates upon the death of, or upon the expiration of the period not exceeding 21 years after the death of, the survivor of the specified lives in being at the creation of the trust or other property arrangement.   History: En. Sec. 2, Ch. 250, L. 1989; amd. Sec. 1, Ch. 26, L. 1991; Sec. 70-1-802, MCA 1991; redes. 72-2-1002 by Code Commissioner, 1993.
MT Code § 72-2-1003 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 10. Uniform Statutory Rule Against Perpetuities -- Honorary Trusts|72-2-1003. When nonvested property interest or power of appointment created

  72-2-1003. When nonvested property interest or power of appointment created. (1) Except as provided in 72-2-1005 and subsections (2) and (3) of this section, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.   (2) For purposes of this part, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of a nonvested property interest or a property interest subject to a power of appointment described in 72-2-1002(2) or (3), the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.   (3) For purposes of this part, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.   History: En. Sec. 3, Ch. 250, L. 1989; Sec. 70-1-803, MCA 1991; redes. 72-2-1003 by Code Commissioner, 1993.
MT Code § 72-2-1004 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 10. Uniform Statutory Rule Against Perpetuities -- Honorary Trusts|72-2-1004. Reformation

  72-2-1004. Reformation. Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and that is within the 90 years allowed by 72-2-1002(1)(b), (2)(b), or (3)(b) if:   (1) a nonvested property interest or a power of appointment becomes invalid under 72-2-1002;   (2) a class gift is not but might become invalid under 72-2-1002 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or   (3) a nonvested property interest that is not validated by 72-2-1002(1)(a) can vest but not within 90 years after its creation.   History: En. Sec. 4, Ch. 250, L. 1989; Sec. 70-1-804, MCA 1991; redes. 72-2-1004 by Code Commissioner, 1993.