1. MCA Contents
  2. TITLE 72
  3. CHAPTER 2
  4. Part 6
  5. 72-2-614 Failure of testamentary provision

Montana Code Annotated 2023

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 2. UPC -- INTESTACY, WILLS, AND DONATIVE TRANSFERS

Part 6. Rules of Construction Applicable Only to Wills

Failure Of Testamentary Provision

72-2-614. Failure of testamentary provision. (1) Except as provided in 72-2-613, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue.

(2) Except as provided in 72-2-613, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.

History: En. 91A-2-606 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-606; amd. Sec. 40, Ch. 494, L. 1993; Sec. 72-2-513, MCA 1991; redes. 72-2-614 by Code Commissioner, 1993.