Senate Bill No. introduced by D. Zolnikov seeks to modernize the laws governing wills in Montana by recognizing audio, visual, and audiovisual recordings as valid testamentary documents. The bill amends several sections of the Montana Code Annotated (MCA), including sections 72-1-103, 72-2-522, 72-2-523, and 72-2-527, to allow these new forms of expression. It stipulates that an audiovisual recording can be considered a will if there is clear and convincing evidence of the decedent's intent for the recording to serve as such. The bill also sets forth requirements for the validity of these recordings, including the decedent's sound mind at the time of recording and the absence of undue influence.

Additionally, the bill outlines the process for revoking wills, stating that a written will can be revoked through acts like burning or tearing, which may be performed by another person in the testator's presence. It introduces the principle that a subsequent will or audiovisual recording can revoke a previous will by inconsistency, presuming the testator intended the new document to replace the old one if it fully disposes of the estate. The bill also specifies standards for audiovisual recordings, procedures for informal probate applications, and clarifies that such recordings cannot be deposited with the court during the testator's lifetime. 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(2): 72-2-523, 72-2-530, 72-2-533
SB0411_2(3): 72-2-523, 72-2-530, 72-2-533
SB0411_2(4): 72-2-523, 72-2-530, 72-2-533
SB0411_2: 72-2-523, 72-2-530, 72-2-533