Montana Revocation of Will

Category:
State:
Multi-State
Control #:
US-0484BG
Format:
Word; 
Rich Text
Instant download

Description

A revocation typically occurs when someone wishes to extinguish an old will due to a change in beneficiaries. Such circumstances typically occur after a divorce, remarriage, or similar change in situation. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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FAQ

Mont. Code Ann. § 72-2-522. To make a holographic will, your signature and all material provisions of your will must be in your own handwriting.

A holographic will requires a writing, signed by the testator, with the material provisions in the testator's handwriting, and testamentary intent.

Montana recognizes holographic (handwritten) wills so long as the signature and material portions of the document are in the testator's handwriting. In Montana, holographic wills do not have be witnessed in order to be valid.

The document should be completely in the handwriting of the person making the Will. Even preprinted logos or letterheads can be a problem. No one should write anything else or fill in any blanks on the Will. The Will must be dated and signed.

Holographic wills are wills that are handwritten and signed by the testator. In California, if the dispositive provisions of the will are written in the testator's handwriting, and signed and dated by the testator who is at least 18 years old and of sound mind, then the will is valid.

(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.

There are three ways to revoke a recorded TOD deed: (1) Complete and acknowledge a revocation form, and record it in each county where the property is located. (2) Complete and acknowledge a new TOD deed that disposes of the same property, and record it in each county where the property is located.

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Montana Revocation of Will