Montana § 72-2-614 Failure Of Testamentary Provision

Montana Statutes

§ 72-2-614 — Failure Of Testamentary Provision

Montana § 72-2-614

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 2UPC -- INTESTACY, WILLS, AND DONATIVE TRANSFERS

Part 6Rules of Construction Applicable Only to Wills

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Bluebook

Mont. Code Ann. § 72-2-614 (2026).

Text

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.

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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.

Legislative 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.