Bill > SB411

This bill allows audio, visual, and audiovisual recordings to be legally treated as valid wills under certain strict conditions. Specifically, a person can create a valid will through an audiovisual recording if they can prove by clear and convincing evidence that the recording was made with the intent to serve as a will, revoke a previous will, or make changes to an existing will. The court must find that the person was of sound mind, acting of their own free will, not under undue influence, and that the recording is a true and accurate representation of their intentions. The bill requires the court to create a written transcript of the audiovisual recording and includes provisions for how such recordings can be used to dispose of personal property, revoke previous wills, and be incorporated into estate planning. The legislation amends multiple sections of Montana law to integrate audiovisual recordings into the existing legal framework for wills, ensuring that these recordings can be treated similarly to traditional written wills while maintaining safeguards to prevent potential abuse. The bill will become effective on July 1, 2027, giving legal professionals and the public time to understand and prepare for the new legal provisions.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC0402