Senate Bill No. [number], introduced by D. Zolnikov, proposes significant changes to Montana's laws regarding wills by recognizing audio, visual, and audiovisual recordings as valid testamentary documents. The bill amends various sections of the Montana Code Annotated (MCA), including 72-1-103, 72-2-522, and 72-2-523, to allow these new forms of expression. It establishes that an audiovisual recording can be considered a will if the proponent provides clear and convincing evidence of the decedent's intent for the recording to serve as their will or modify an existing one. The bill also sets forth requirements for courts to validate such recordings, focusing on the decedent's mental state and the authenticity of the recording.

Additionally, the bill revises existing definitions and procedures related to wills, including how audiovisual recordings can revoke or alter previous wills. It clarifies that a written will can be revoked through specific actions, including burning or tearing, and allows another person to perform these acts in the testator's presence. The legislation introduces presumptions regarding the testator's intent when executing subsequent wills or audiovisual recordings and outlines procedures for incorporating these recordings into the probate process. Notably, audiovisual recordings cannot be deposited with the court during the testator's lifetime and cannot establish a contract to make or revoke a will. The effective date for these changes is set for July 1, 2027.

Statutes affected:
LC Text: 72-2-523, 72-2-530, 72-2-533
SB0411_1(1): 72-2-523, 72-2-530, 72-2-533
SB0411_1(2): 72-2-523, 72-2-530, 72-2-533
SB0411_1(3): 72-2-523, 72-2-530, 72-2-533
SB0411_1(4): 72-2-523, 72-2-530, 72-2-533
SB0411_1(5): 72-2-523, 72-2-530, 72-2-533
SB0411_1(6): 72-2-523, 72-2-530, 72-2-533
SB0411_1(7): 72-2-523, 72-2-530, 72-2-533
SB0411_1(8): 72-2-523, 72-2-530, 72-2-533
SB0411_1: 72-2-523, 72-2-530, 72-2-533
SB0411_2(1): 72-2-523, 72-2-530, 72-2-533
SB0411_2: 72-2-523, 72-2-530, 72-2-533