What the rule says
Montana provides three pathways to a valid will under the UPC framework:
Attested wills (Mont. Code Ann. § 72-2-522)
1. A writing. 2. The testator's signature. 3. Two competent witnesses.
Holographic wills (§ 72-2-522(2))
A Montana holographic will is valid if material provisions are in the testator's handwriting and signed.
Harmless-error doctrine (§ 72-2-523)
Defective documents can be probated with clear and convincing evidence of testamentary intent.
Self-proving affidavits
Montana recognizes self-proving affidavits under standard UPC framework.
What you can do about it
For a Montana will execution:
- Have the testator and at least two witnesses present. - Use the self-proving affidavit. - Sign at the end of the document. - Avoid using beneficiaries as witnesses.
Who this affects most
Montana's flexible three-pathway framework reduces execution risk significantly.