In re Estate of Harless

Summary

The Montana Supreme Court held that Catherine Harless’s 2002 document was a valid will under Montana law, either as a duly executed will or as a writing intended to constitute a will. The Court further held that Harless did not revoke the will because her actions did not satisfy the statutory methods of revocation. The District Court’s order was reversed and the case was remanded with instructions to probate the will.

Holdings

1. The 2002 document was a valid will under either Montana Code Annotated § 72-2-522 or § 72-2-523. The undisputed testimony that Harless signed the document in the presence of the notary and witness and presented it as her Last Will and Testament, together with her later acknowledgment of it as her will, established the requisite testamentary intent by clear and convincing evidence.
2. Harless did not revoke the 2002 Will. Under Montana Code Annotated § 72-2-527, revocation occurs only through a later will expressly revoking the prior will or through specified acts such as burning, tearing, canceling, obliterating, marking, or destroying the will. Harless's lawsuit, letter, and deposition statement were insufficient.

Questions Presented

1. Whether the 2002 handwritten document qualified as a valid will under Montana's Uniform Probate Code despite the dispute over Harless's signature.
2. Whether Harless's later lawsuit, letter to Hyde, and deposition statement revoked the 2002 Will.
3. Whether the District Court properly relied on the California probate court's informal ruling concerning the document's validity.

Disposition

reversed_and_remanded