Montana

Overview

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 Section

72-2-521, et seq.

Operative Facts

1. 18 years or more and of sound mind
2. signed by declarant or another at declarants direction
3. signature must be witnessed by 2 individuals
4. communicated to physician and made part of patients medical record
5. is effective when patient is declared to be terminal and no longer able to make decisions regarding lifesustaining treatment
6. absent contrary actual notice, physician or health care provider may presume that declaration is valid (sample form §50-9-103)

Age of Testator

18 years or older and of sound mind

Number of Witnesses Required

Signed 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 Recognition

Not recognized

Holographic Will Recognition

Valid, whether or not witnessed, if signature and material provisions are in testators' handwriting.