Montana Statutes

§ 72-2-534 — Contracts Concerning Succession

Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 2 UPC -- INTESTACY, WILLS, AND DONATIVE TRANSFERS·Part 5 Wills, Will Contracts, and Custody and Deposit of Wills

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.

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Legislative 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.

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