reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 › 72-2-713. Choice of law as to meaning and effect of governing instrument

72-2-713. Choice of law as to meaning and effect of governing instrument.
The meaning and legal effect of a governing instrument is determined by the local law of the state selected by the transferor in the governing instrument unless the application of that law is contrary to the provisions relating to the elective share described in part 7, the provisions relating to exempt property and allowances described in part 8, or any other public policy of this state otherwise applicable to the disposition.
History: En. 91A-2-602 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-602; amd. Sec. 38, Ch. 494, L. 1993; Sec. 72-2-504, MCA 1991; redes. 72-2-713 by Code Commissioner, 1993.
2023 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 › 72-2-714. Repealed

72-2-714. Repealed.
Sec. 40, Ch. 293, L. 2015.
History: En. Sec. 63, Ch. 494, L. 1993.
2023 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 › 72-2-715. Class gifts construed to accord with intestate succession

72-2-715. Class gifts construed to accord with intestate succession.
(1) Adopted individuals and individuals born out of wedlock and their respective descendants if appropriate to the class are included in class gifts and other terms of relationship in accordance with the rules for intestate succession. Terms of relationship that do not differentiate relationships by blood from those by affinity, such as "uncles", "aunts", "nieces", or "nephews", are construed to exclude relatives by affinity. Terms of relationship that do not differentiate relationships by the half blood from those by the whole blood, such as "brothers", "sisters", "nieces", or "nephews", are construed to include both types of relationships.
(2) In addition to the requirements of subsection (1), in construing a dispositive provision of a transferor who is not the natural parent, an individual born to the natural parent is not considered the child of that parent unless the individual lived while a minor as a regular member of the household of that natural parent or of that parent's parent, brother, sister, spouse, or surviving spouse.
(3) In addition to the requirements of subsection (1), in construing a dispositive provision of a transferor who is not the adopting parent, an adopted individual is not considered the child of the adopting parent unless the adopted individual lived while a minor, either before or after the adoption, as a regular member of the household of the adopting parent.
History: En. Sec. 64, Ch. 494, L. 1993.
2023 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 › 72-2-718. Class gifts to "descendants", "issue", or "heirs of the body" -- form of distribution if none specified

72-2-718. Class gifts to "descendants", "issue", or "heirs of the body" -- form of distribution if none specified.
If a class gift in favor of "descendants", "issue", or "heirs of the body" does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in possession or enjoyment in such shares as they would receive under the applicable law of intestate succession if the designated ancestor had then died intestate owning the subject matter of the class gift.
History: En. Sec. 67, Ch. 494, L. 1993.
2023 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 › 72-2-720. Worthier title doctrine abolished

72-2-720. Worthier title doctrine abolished.
The doctrine of worthier title is abolished as a rule of law and as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor's "heirs", "heirs at law", "next of kin", "distributees", "relatives", or "family" or language of similar import does not create or presumptively create a reversionary interest in the transferor.
History: En. Sec. 69, Ch. 494, L. 1993.
2023 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 › 72-2-721. Interests in "heirs" and like

72-2-721. Interests in "heirs" and like.
If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in a designated individual's "heirs", "heirs at law", "next of kin", "relatives", or "family" or language of similar import, the property passes to those persons, including the state, and in such shares as would succeed to the designated individual's intestate estate under the intestate succession law of the designated individual's domicile in effect at the time the disposition is to take effect in possession or enjoyment as if the designated individual died at that time. If the designated individual's surviving spouse is living but is remarried at the time the disposition is to take effect in possession or enjoyment, the surviving spouse is not an heir of the designated individual.
History: En. Sec. 70, Ch. 494, L. 1993; amd. Sec. 19, Ch. 592, L. 1995.
2023 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 › 72-2-801. Renumbered 72-2-412

72-2-801. Renumbered 72-2-412.
Code Commissioner, 1993.
2023 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 › 72-2-802. Renumbered 72-2-413

72-2-802. Renumbered 72-2-413.
Code Commissioner, 1993.
2023 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 › 72-2-803. Renumbered 72-2-414

72-2-803. Renumbered 72-2-414.
Code Commissioner, 1993.
2023 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 › 72-2-804. Renumbered 72-2-415

72-2-804. Renumbered 72-2-415.
Code Commissioner, 1993.
2023 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 › 72-2-805. through 72-2-810 reserved

72-2-805 through 72-2-810 reserved.
2023 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 › 72-2-811. 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, L. 1995; amd. Sec. 4, Ch. 290, L. 1999.
2023 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 › 72-2-812. 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 does not terminate the status of husband and wife is not a divorce for purposes of this section.
(2) For purposes of chapter 2, parts 1 through 4, and of 72-3-501 through 72-3-508, a surviving spouse does not include:
(a) an individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, which decree or judgment is not recognized as valid in this state, unless subsequently they participate in a marriage ceremony purporting to marry each to the other or live together as husband and wife;
(b) an individual who, following an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a third individual; or
(c) an individual who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.
History: En. 91A-2-802 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-802; amd. Sec. 7, Ch. 494, L. 1993; Sec. 72-2-103, MCA 1991; redes. 72-2-812 by Code Commissioner, 1993.
2023 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 › 72-2-815. 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 law, whether in expression or inducement.
History: En. Sec. 37, Ch. 313, L. 2019.
2023 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 › 72-2-816. 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.
2023 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 › 72-2-817. 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.
2023 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 › 72-2-818. 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 an interest in or power over property.
(4) "Fiduciary" means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person.
(5) "Jointly held property" means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property.
(6) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.
(7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, recognized by federal law or formally acknowledged by a state.
(8) "Trust" means:
(a) an express trust, charitable or noncharitable, with additions thereto, whenever and however created; and
(b) a trust created pursuant to a statute, judgment, or decree which requires the trust to be administered in the manner of an express trust.
History: En. Sec. 40, Ch. 313, L. 2019.
2023 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 › 72-2-819. 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.
2023 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 › 72-2-820. 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 72-2-817 through 72-2-833.
History: En. Sec. 42, Ch. 313, L. 2019.
2023 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 › 72-2-821. 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 limitation on the right to disclaim.
(2) Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by another statute of this state or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.
(3) To be effective, a disclaimer must be in a writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed in the manner provided in 72-2-828. In this subsection:
(a) "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(b) "signed" means, with present intent to authenticate or adopt a record, to:
(i) execute or adopt a tangible symbol; or
(ii) attach to or logically associate with the record an electronic sound, symbol, or process.
(4) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.
(5) A disclaimer becomes irrevocable when it is delivered or filed pursuant to 72-2-828 or when it becomes effective as provided in 72-2-822 through 72-2-827, whichever occurs later.
(6) A disclaimer made under 72-2-817 through 72-2-833 is not a transfer, assignment, or release.
History: En. Sec. 43, Ch. 313, L. 2019.
2023 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 › 72-2-822. 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 or 72-2-824, the following rules apply to a disclaimer of an interest in property:
(a) The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable, or, if the interest arose under the law of intestate succession, as of the time of the intestate's death.
(b) The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.
(c) If the instrument does not contain a provision described in subsection (2)(b), the following rules apply:
(i) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.
(ii) If the disclaimant is an individual, except as otherwise provided in subsections (2)(c)(iii) and (2)(c)(iv), the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution.
(iii) If by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution.
(iv) If the disclaimed interest would pass to the disclaimant's estate had the disclaimant died before the time of distribution, the disclaimed interest instead passes by representation to the descendants of the disclaimant who survive the time of distribution. If no descendant of the disclaimant survives the time of distribution, the disclaimed interest passes to those persons, including the state but excluding the disclaimant, and in such shares as would succeed to the transferor's intestate estate under the intestate succession law of the transferor's domicile had the transferor died at the time of distribution. However, if the transferor's surviving spouse is living but is remarried at the time of distribution, the transferor is deemed to have died unmarried at the time of distribution.
(d) Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.
History: En. Sec. 44, Ch. 313, L. 2019.
2023 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 › 72-2-823. 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 of the holder to whose death the disclaimer relates; or
(b) all of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.
(2) A disclaimer under subsection (1) takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.
(3) An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.
History: En. Sec. 45, Ch. 313, L. 2019.
2023 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 › 72-2-824. 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.
2023 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 › 72-2-825. 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 becomes irrevocable.
(2) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.
(3) The instrument creating the power is construed as if the power expired when the disclaimer became effective.
History: En. Sec. 47, Ch. 313, L. 2019.
2023 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.
2023 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.