A will is a document containing the final will of its creator (testator) and determining exactly how and by whom his or her assets will be used in the event of death.
More often than not, most of us can only benefit from writing a last will. Even when you don’t possess too many assets, a last will and testament can certainly help your family situation and prove to be critical to your household upon your passing.
If you’re searching for a printable and fillable Montana last will and testament form, you can find one on this site, as well as the recommendations on last will writing and solutions to common questions.
|Signing requirement||Two witnesses||72-2-522. Execution — witnessed wills — holographic wills|
|Age of testator||18 or older||72-2-521. Who may make a will|
|Age of witnesses||18 or older||72-2-525. Who may witness|
|Self-proving wills||Allowed||72-2-524. Self-proved will|
|Handwritten wills||Recognized if meeting certain conditions||72-2-522. Execution — witnessed wills — holographic wills|
|Oral wills||Not recognized|
|Holographic wills||Recognized if meeting certain conditions|
|Depositing a will||Possible with the Montana Clerk of District Court’s Office No fee||72-2-535. Deposit of will with court in testator’s lifetime|
The primary distinction between the two documents is that once you die, the representative you name via power of attorney loses their official authority to deal with any matters on your behalf.
Among various power of attorney types, the two following ones are viewed as main:
An executor is someone you name in the will to handle your matters once you die. You may name the same individual to act as an attorney-in-fact and will executor.
Montana law says that a last will can be valid without having a notary public certify it. But, you’ll need a notary if you wish to make your last will self-proving by attaching an affidavit to it. If you make your last will self-proving, the court will not need to get in touch with the witnesses to determine the validity of the document, which is going to facilitate the probate.
For any holographic last will to be legally binding, you have to handwrite the whole document, indicate the date of creating, and sign it. Such wills tend to be more typically chosen in situations of emergency and/or until more official documents can be put in place (whether by a lawyer or using a will template such as the one you can easily get from this site). It isn’t encouraged to hold a holographic will as your last version as it might contain unclear or contradictory terms, creating a major delay during the probate.
An attested will is normally typed because it’s commonly prepared by an attorney or is based upon a last will form, such as the one you can get here. For it to be regarded as valid, it must be signed by the testator and two credible witnesses over the age of 18 in the testator’s presence, which can also be exercised in the presence of a notary public. However, the latter isn’t needed in Montana.
Testamentary capacity is a term used to describe the testator’s (the person writing the will) legal and mental ability (sound mind) to write and alter their last will and testament.
In most states, to write a will, you have to be of sound mind and at least 18 years old. “Sound mind” suggests that you don’t have any kind of psychiatric disorders (dementia, senility, insanity, etc.) that prevents you from fully realizing the aftereffects of your doings.
It is not strongly necessary in Montana. Nonetheless, if you decide to add a self-proving affidavit, it’ll be rather advantageous as this document acts as an alternative for in-court testimony of witnesses at the time of probate.
As regards to your marriage partner, it’s important to emphasize that Montana is not a community property state, which means any belongings that were acquired while in the marriage or that increased with the capital gained during the mentioned marriage, are not owned by each of the marriage partners equally. In Montana, you are allowed to disinherit your spouse entirely. Only note that he or she will be entitled to some minimum amount of your estate.
For other family members, it is possible to lawfully disinherit anybody else. It applies to your adult children and any other members of the family; only add disinheritance sections to your will.
No, it is only the testator who is permitted to adjust their last will and testament. Another person can only sign the will in case you are physically incapable of doing so.
Yes, this can be done.
In Montana, if you have not concluded an agreement that states otherwise, you are allowed to revoke or adjust your last will at any moment.
It can also be a good idea to revise your last will and testament in the following situations:
In Montana, the law implies that the court can accept a last will and testament if it has been damaged or lost. However, nothing but the initial version of the last will is probably to be approved by the probate court.
Montana law provides a presumption that the absence of the will implies it’s canceled. This puts the responsibility on the proponent of the last will and testament to provide evidence of the said last will.
For a holographic last will, you will require sworn witnesses and testimony to prove. This will make the process more difficult. The cause for not providing the last will and its elements must be demonstrated too.
Solely per your instruction and with you present can someone sign your last will (See Montana Estate Code). The person who wrote the will can state his or her wishes orally, through giving a positive answer to a query, or with body gestures.
A notary can sign the testator’s name if the testator can’t do it because of physical impairment. The notary public has to be guided to do so in the presence of a witness. This witness is selected just like one would choose a trustee – they mustn’t have any legal or equitable interest in any property that is the issue matter of or is impacted by the last will and testament.
|Related documents||When to create it|
|Codicil||You wish to make a single or a few small changes to your last will.|
|Self-proving affidavit||You want to steer clear of potential problems in the probate court.|
|Living will||You want to express your wishes concerning the end-of-life treatment and life-prolonging procedures.|
|Living trust||You need additional privacy and safety when the time to distribute your assets comes.|