MontanaProposal would let people use recordings to make or change wills
The failed proposal would let people use recordings to make or change wills, or say who should receive personal items, under specific proof and clarity rules.
What it does
A court could treat a document or recording that did not follow the usual signing rules as a will or a change to one, if strong evidence shows the deceased intended that result.
A will could refer to an existing writing or recording if the will shows that intent and identifies the material clearly enough.
A will could refer to a signed writing or a recording to distribute personal items left unassigned, except money, if it clearly identifies the items and recipients.
Argument forPeople could use recordings to explain will changes or who should receive personal items, if they meet the proof and clarity rules.
Argument againstFamilies could face disputes over whether a recording proves what the deceased wanted or clearly identifies the items and recipients.
More detail
A court could treat an improperly signed document or recording as a will or a change to one. This applies to documents and audio, visual, or audiovisual recordings. The person asking the court to accept it must prove with clear and convincing evidence that the deceased intended it as a will, revocation, change, or revival.
A will could refer to an existing writing or recording and make it part of the will. The writing or recording must already exist when the will is signed. The will must show that intent and describe the material well enough to identify it. The writing or recording must exist when the will is signed.
A will could refer to a separate writing or recording to distribute personal items it does not otherwise assign. This covers tangible personal property not otherwise specifically assigned in the will. Money is excluded. A writing must be signed by the person making the will. A recording must clearly show that person's own expression, and must identify the items and recipients with reasonable certainty. The separate writing or recording may be prepared before or after the will is signed, changed later by the person making the will, and intended to exist when that person dies.
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Where it stands
- Introduced
- Died
Looking ahead
No hearings or votes scheduled.
History
- 2025
- May 23(S) Died in ProcessDied
- Apr 11(H) 2nd ReadingMinor
- Vote recorded Do Concur. Result: fail.Lower
- Apr 11(H) Scheduled for 2nd ReadingMinor
- Apr 9(H) Committee Report - (H) Judiciary
- Vote recorded be_concurred_in_as_amended. Result: pass.Lower
- Apr 9(H) Committee Executive Action - (H) Judiciary
- Apr 7(H) Hearing - (H) Judiciary
- Mar 6(H) 1st Reading
- Mar 5(H) Referred to Committee - (H) JudiciaryMinor
- Mar 4(S) Transmitted to House
- Vote recorded Do Pass. Result: pass.Upper
- Mar 4(S) 3rd Reading
- Mar 4(S) Scheduled for 3rd ReadingMinor
- Mar 3(S) 2nd ReadingMinor
- Vote recorded Do Pass. Result: pass.Upper
- Mar 3(S) Scheduled for 2nd ReadingMinor
- Feb 28(S) Committee Report - (S) Judiciary
- Vote recorded do_pass. Result: pass.Upper
- Feb 28(S) Fiscal Note Printed
- Feb 28(S) Committee Executive Action - (S) Judiciary
- Feb 28(S) Fiscal Note Unsigned
- Feb 28(S) Fiscal Note ReceivedMinor
- Feb 27(S) Hearing - (S) Judiciary
- Feb 24(S) Referred to Committee - (S) JudiciaryMinor
- Feb 24(S) 1st Reading
- Feb 21(S) Introduced
- Feb 21(LC) Draft Delivered to Requester
- Feb 21(LC) Draft Ready for Delivery
- Feb 21(S) Fiscal Note Requested
- Feb 20(LC) Draft in Assembly
- Feb 20(LC) Draft in Final Drafter Review
- Feb 20(LC) Draft in Input/Proofing
- Feb 16(LC) Draft in Edit
- Feb 16(LC) Draft in Legal Review
- 2024
- Dec 16(LC) Draft Taken Off Hold
- Sep 27(LC) Draft On Hold
- Sep 27(LC) Drafter AssignedIntroduced