Montana § 72-2-619 Ademption By Satisfaction

Montana Statutes

§ 72-2-619 — Ademption By Satisfaction

Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 2 UPC -- INTESTACY, WILLS, AND DONATIVE TRANSFERS·Part 6 Rules of Construction Applicable Only to Wills

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

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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.

Montana § 72-2-619 (Ademption By Satisfaction) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative 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.