Montana Sample Will

This is a sample will provided by the State Law Library of Montana (http://courts.mt.gov/library/topic/end_life.mcpx)

LAST WILL AND TESTAMENT
OF
Your Name

I. INTRODUCTION

I, Your Name, also known as Nick Name, domiciled and residing in City,County Name County, Montana, declare this to be my will, revoking all prior wills and codicils.

II. FAMILY INFORMATION

I am married to Your Spouse. All references of "my spouse" are to him/her. I have 2 children, namely, David Baxter White and Cynthia Baxter White. All references to "my children" refer to the two children named in this paragraph and any other children hereafter born to or adopted by me and my spouse.

III. DEBT CLAUSE

I direct that all of my legally enforceable debts, funeral expenses, and expenses in connection with the administration of my estate be paid as soon as practicable after my death.

IV. PRE-RESIDUARY GIFTS

A. Gifts of Special Items

If my sister, Mary Vivian Jones, 115 Main Street, Prairie City, Utah, survives me, I give her (and not her descendants) the Steinway grand piano which was given to me by my mother. If for any reason I do not own that Steinway grand piano at my death, the devise to my sister is canceled.

B. Tangible Personal Property List

If my spouse survives me, I give him/her all of (the rest of) my tangible personal property.

If my spouse fails to survive me, I might leave a written statement or list disposing of items of tangible personal property. If I do and if my written statement or list is found and identified by the personal representative no later than 30 days after my death, then the statement or list is to be given effect to the extent authorized by law. Any tangible personal property not effectively disposed of by such a statement or list shall be distributed to my surviving children (and not to their descendants) as they may agree. If my surviving children fail to reach agreement within 90 days after the probate of this Will, such tangible personal property shall be divided among my surviving children as my personal representative determines appropriate, in shares of substantially equal value.

If any child of mine is a minor at the time of such division, my personal representative may distribute the child's share to the child or for the child's use to the child's guardian or to any person with whom the child is residing, without further responsibility, and the distributee's receipt shall be a sufficient discharge to my personal representative.

V. RESIDUARY CLAUSE

If my spouse survives me, I give him/her the residue of my estate. If he/she fails to survive me, I give the residue of my estate to my descendants who survive me by representation.

VI. METHODS OF DISTRIBUTION TO CERTAIN BENEFICIARIES

If under this will any property is distributable to a minor or to a person under twenty-one (21) years of age, my personal representative in my personal representative's absolute discretion, may distribute such property in any manner permitted by law and additionally in any one or more of the following ways:

(A) If the person is a minor, directly to the minor or on behalf of the minor for the minor's exclusive benefit;

(B) If the person is a minor, to a guardian or conservator for the minor; or

(C) If the person is under twenty-one (21) years of age, to any person (including my personal representative) selected as a custodian by my personal representative under the applicable Uniform Transfers to Minors Act of any State.

VII. APPOINTMENT OF PERSONAL REPRESENTATIVE

I appoint my spouse as personal representative of my estate. In the event my spouse shall die, be adjudicated incompetent, or resign, I hereby name as successor personal representative to fill such vacancy or any vacancy that may thereafter occur, the first in the order named who is then willing and able to serve:

(A)

(B)

(C)

VIII. POWERS OF PERSONAL REPRESENTATIVE

In addition to the powers given to my personal representative by law effective at death, my personal representative shall have all powers authorized by the Montana Uniform Probate Code, as that Code exists on the date of this will.

IX. NOMINATION OF GUARDIAN

X. MONTANA LAW

This instrument shall be construed under the laws of the State of Montana.

XI. REPRESENTATION

The persons who take under this will as "descendants by right of representation" shall take in accordance with the rules of §72-2-116 MCA as that section exists on this date of this Will.

XII. CAPTIONS

The captions set forth in this Will at the beginning of various provisions are for convenience of reference only, and shall not be deemed to define or limit the provisions of this Will, or to affect in any way its construction or application.

XIII. CONCLUSION AND ATTESTATION

I, Your Name, testator, sign my name to this instrument this day of the month day of Month,Year and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, that I am 18 years of age or older, of sound mind, and under no constraint or undue influence.

YOUR NAME HERE

We, witnesses, sign our names to this instrument, consisting of ___ pages, being first duly sworn, do hereby declare to the undersigned authority that the testator(rix) signs and executes this instrument as the testator's/testatrix's Last Will and that the testator(rix) signs it willingly (or willingly directs another to sign for the testator(rix)), that each of us, in the presence and hearing of the testator(rix), hereby signs the will as a witness to the testator's/testatrix's signing, and that to the best of our knowledge the testator(rix) is 18 years of age or older, of sound mind, and under no constraint or undue influence.

Signature Field

Witness 1 Signature: ______________________________________

Witness 1 Name: _________________________________________

Residing at_____________________________________________

_____________________________________________________

_____________________________________________________

Witness 2 Signature: ______________________________________

Witness 2 Name: _________________________________________

Residing at_____________________________________________

_____________________________________________________

_____________________________________________________

STATE OF MONTANA)
: ss.
County of __________________)

SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me by Your Name, the testator, and subscribed and sworn to before me by the above-named witnesses, this _______day of _______________, ____________.

________________________________
(Signature of Notary)

________________________________
(Printed Name of Notary)

Notary Public for the State of Montana

Residing at: ______________________

My Commission expires ____________

(Notarial Seal)

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