72-2-534. Contracts concerning succession. (1) A contract to make a will or devise or not to revoke a will or devise or to die intestate, if executed after July 1, 1975, may be established only by:
(a) provisions of a will stating material provisions of the contract;
(b) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or
(c) a writing signed by the decedent evidencing the contract.
(2) The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
History: En. 91A-2-701 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-701; amd. Sec. 9, Ch. 494, L. 1993; Sec. 72-2-105, MCA 1991; redes. 72-2-534 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