Montana Code 72-2-619. Ademption by satisfaction
72-2-619. Ademption by satisfaction. (1) Property that a testator gave in the testator’s lifetime to a person is treated as a satisfaction of a devise in whole or in part only if:
Terms Used In Montana Code 72-2-619
- Devise: To gift property by will.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- Testator: A male person who leaves a will at death.
- Writing: includes printing. See Montana Code 1-1-203
(a)the will provides for deduction of the gift;
(b)the testator declared in a contemporaneous writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise; or
(c)the devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.
(2)For purposes of partial satisfaction, property given during the testator’s lifetime is valued as of the time the devisee came into possession or enjoyment of the property or at the testator’s death, whichever occurs first.
(3)If the devisee fails to survive the testator, the gift is treated as a full or partial satisfaction of the devise, as appropriate, in applying 72-2-613 and 72-2-614, unless the testator’s contemporaneous writing provides otherwise.