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Revoking a Will

MCA 72-2-527 — a later will that replaces it, or burning, tearing, canceling or destroying it on purpose

A will or any part of it is revoked by a later will that revokes it expressly or by inconsistency, or by an act on the will done with the intent to revoke it.

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Who handles this in Montana: legal aid programs, lawyer referral and the state offices, listed in the Montana directory.

  • Burning, tearing, canceling, obliterating or destroying the will or part of it is a revocatory act, whether or not it touched the words.
  • Another person may do it in the maker's conscious presence and at the maker's direction.
  • A later will that disposes of the whole estate is presumed to replace the earlier one rather than add to it.
  • MCA 72-2-527
Sources for this section (1)
  1. MCA 72-2-527 — Revocation by writing or act

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.

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