MT Bar Wills, Trusts & Estates 2

Question 1

In Montana, which of the following is a required element of testamentary capacity?

Accepted Answer

The testator must know the nature and extent of their property, the natural objects of their bounty, and the nature of making a will

Answer

Montana requires testamentary capacity: the testator must understand the nature of a will, know the extent of their property, and recognize the natural objects of their bounty (family members).

Question 2

Under Montana law, a will may be revoked by:

Accepted Answer

Physical act, subsequent will or codicil, or written statement signed by the testator

Answer

MCA § 72-2-527 provides that a will may be revoked by a physical act of destruction (burning, tearing, canceling), or by a subsequent will or codicil that expressly or implicitly revokes the prior will.

Question 3

In Montana, a 'no-contest' (in terrorem) clause in a will is generally:

Accepted Answer

Enforceable unless the contestant had probable cause for the contest

Answer

Montana enforces in terrorem clauses under MCA § 72-2-532 but will not penalize a beneficiary who contests the will if there was probable cause to believe the will was invalid.

Question 4

Under Montana's Uniform Trust Code, a trustee has which of the following fundamental duties?

Accepted Answer

Duty of loyalty, prudent investment, impartiality, and to inform and account to beneficiaries

Answer

Montana's UTC (MCA §§ 72-38-801 through 72-38-816) imposes on trustees duties of loyalty, prudent administration, impartiality among beneficiaries, and to inform and account to beneficiaries.

Question 5

In Montana, a durable power of attorney remains effective even if the principal:

Accepted Answer

Becomes incapacitated

Answer

A durable power of attorney under MCA § 72-31-301 survives the principal's incapacity; the word 'durable' means the agent's authority continues despite the principal's loss of capacity.

MT Bar - Montana Bar Exam Practice Test

MT Bar - Montana Bar Exam Practice Test

MT Bar Wills, Trusts & Estates 2