A will that looks complete can still fail if it wasn’t signed and witnessed the right way. Montana sets specific execution rules, and a mistake at the signing table can leave a family arguing about validity years later. We explain what makes a will valid in Montana and what Great Falls residents should check before they sign.
A Valid Will Starts With a Signed Writing
A witnessed will must be in writing and signed by the person making it, according to Montana Code Section 72-2-522. Another person may sign in the testator’s name, but only in the testator’s conscious presence and at the testator’s direction. At least two people must also sign as witnesses, each within a reasonable time after seeing the signing or the testator’s acknowledgment.
Handwritten Wills Follow Different Rules
A document that falls short of the witness rules can still count as a holographic will if the signature and the material portions are in the testator’s own handwriting. That rule gives some protection to a handwritten note, but it also invites disputes about handwriting and intent.
A handwritten will may not cover everything a plan needs. Typed, witnessed documents leave less room for argument, and a Great Falls wills lawyer can prepare one that meets the statute and reflects the person’s actual wishes.
Who Can Serve as a Witness
Anyone generally competent to be a witness can sign. Montana’s statute on who may witness also says that signing by an interested witness doesn’t invalidate the will or any of its provisions. Even so, a neutral witness is the better choice. A disinterested witness avoids questions about influence and makes testimony easier if the will is ever challenged.
Good choices include:
- Friends or coworkers who receive nothing under the will
- Staff at the attorney’s office
- People who will remain reachable years from now
Self-Proving Affidavits Save Time Later
A will can be made self-proved with an acknowledgment by the testator and sworn affidavits from the witnesses before an officer authorized to administer oaths, either at signing or at any later time under Montana Code Section 72-2-524. The affidavits address whether the testator was an adult, of sound mind, and acting without undue influence.
A self-proved will can simplify proof of execution. That may spare the family delays if a witness has moved away or died.
Execution Mistakes Create Probate Problems
Signing errors can turn into expensive disputes after death. Problems that turn up include a missing witness signature, a signature on the wrong page, and edits made by hand after signing. Each can invite a challenge, and other mistakes when writing wills include vague gift language and outdated beneficiaries.
A Will Is Only Part of an Estate Plan
A will controls what passes through probate, but it doesn’t cover everything. Accounts with named beneficiaries and jointly held property pass outside the will. To coordinate the will with those designations, powers of attorney, and any trust, a Great Falls estate planning lawyer reviews the whole plan.
Online accounts and files deserve a plan as well. Passwords, cryptocurrency, and photos are digital assets in wills that are easy to overlook.
Probate Follows the Will
After death, the will goes to the court, and the named personal representative begins the probate process. Once the will is filed, a Great Falls probate lawyer guides that process and can address challenges to a will’s validity. A properly executed, self-proved will makes that work faster.
Planning for Aging Parents
A will update can sit alongside decisions about care and finances. Families planning for aging parents can work with a Great Falls elder care lawyer to coordinate a will with powers of attorney and long-term care planning. Reviewing the will at the same time keeps the documents consistent.
About the Founding Attorney
Founding attorney Joel Silverman leads Silverman Law Office, PLLC, where his work includes estate planning and probate. With more than 20 years of legal experience, he holds a J.D. and an LL.M. in Taxation from the University of San Diego School of Law. He is admitted to the State Bar of Montana, the U.S. District Court for the District of Montana, and the U.S. Tax Court.
Review the Will Before It Becomes a Dispute
Pull out your current will and check whether it was signed, witnessed, and, ideally, self-proved. Great Falls residents who aren’t sure can get in touch with us to review the document and fix execution gaps while the person who made it can still sign.
