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:

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Terms Used In Montana Code 72-2-534

  • Contract: A legal written agreement that becomes binding when signed.
  • Decedent: A deceased person.
  • Devise: To gift property by will.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Intestate: Dying without leaving a will.
  • Writing: includes printing. See Montana Code 1-1-203

(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.