72-2-533. Separate writing identifying disposition of tangible personal property. (1) Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money.
(2) To be admissible under this section as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty.
(3) The writing may be:
(a) referred to as one to be in existence at the time of the testator's death;
(b) prepared before or after the execution of the will;
(c) altered by the testator after its preparation; and
(d) a writing that has no significance apart from its effect upon the dispositions made by the will.
History: En. 91A-2-513 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-513; amd. Sec. 28, Ch. 494, L. 1993; Sec. 72-2-312, MCA 1991; redes. 72-2-533 by Code Commissioner, 1993.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers
Part 5. Wills, Will Contracts, and Custody and Deposit of Wills
72-2-505. through 72-2-510 reserved
72-2-522. Execution -- witnessed wills -- holographic wills
72-2-523. Writings intended as wills
72-2-526. Choice of law as to execution
72-2-527. Revocation by writing or act
72-2-528. Revocation by change of circumstances
72-2-529. Revival of revoked will
72-2-530. Incorporation by reference
72-2-531. Testamentary additions to trusts
72-2-532. Events of independent significance
72-2-533. Separate writing identifying disposition of tangible personal property
72-2-534. Contracts concerning succession
72-2-535. Deposit of will with court in testator's lifetime