Montana Will Laws
Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.
Some key terms to keep in mind:
Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.
State Requirements and Will Type Recognition
Code Section72-2-521, et seq.
- 18 years or more and of sound mind
- signed by declarant or another at declarants direction
- signature must be witnessed by 2 individuals
- communicated to physician and made part of patients medical record
- is effective when patient is declared to be terminal and no longer able to make decisions regarding lifesustaining treatment
- absent contrary actual notice, physician or health care provider may presume that declaration is valid (sample form §50-9-103)
Age of Testator18 years or older and of sound mind
Number of Witnesses RequiredSigned by at least two persons, each of whom signed within a reasonable time after having witnessed either the signing or testators acknowledgment of signature or of will
Oral Will RecognitionNot recognized