MT Bar Wills Trusts and Estates

Question 1

Under the Montana Uniform Probate Code, a valid attested will requires:

Accepted Answer

The testator's signature and signature of two competent witnesses

Answer

Montana follows the UPC requiring the testator's signature and acknowledgment before two witnesses who then sign in the testator's presence.

Question 2

A holographic will in Montana is valid if it is:

Accepted Answer

Entirely in the testator's own handwriting and signed

Answer

Montana recognizes holographic wills under MCA § 72-2-522, requiring that the signature and material portions be in the testator's handwriting.

Question 3

Under Montana's UPC, intestate succession distributes property of a person who dies without a will first to:

Accepted Answer

The surviving spouse and descendants

Answer

Montana's intestacy statute distributes the estate first to the surviving spouse and descendants, with the specific shares depending on whether the decedent leaves children from a prior relationship.

Question 4

Testamentary capacity in Montana requires that the testator:

Accepted Answer

Be of legal age and sound mind at the time of execution

Answer

Montana requires testators to be at least 18 and of sound mind — meaning they understand the nature of making a will, their property, their heirs, and how the will distributes property.

Question 5

In Montana, a will may be revoked by:

Accepted Answer

Physical act such as burning or tearing, or by a subsequent valid will

Answer

A Montana will may be revoked by physical act (burning, tearing, destroying) with revocatory intent, or by a subsequent will that expressly or implicitly revokes the prior one.

MT Bar - Montana Bar Exam Practice Test

MT Bar - Montana Bar Exam Practice Test

MT Bar Wills Trusts and Estates