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 72-1-103, 72-2-522, 72-2-523, and 72-2-527, to incorporate these new forms of expression. It establishes that an audiovisual recording can be considered a will if there is clear and convincing evidence of the decedent's intent for it to serve as such. The bill also sets forth specific requirements for the validity of these recordings, including the decedent's mental soundness at the time of recording and the absence of undue influence.

Additionally, the legislation outlines the process for revoking wills, stating that a subsequent will or audiovisual recording can revoke a previous one by inconsistency. It clarifies that revocatory acts, such as burning or tearing a written will, can be executed by another person in the testator's conscious presence and by their direction. The bill further details the admissibility of audiovisual recordings in probate proceedings, mandates the inclusion of specific notices regarding their use, and specifies that they 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