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Wills, Trusts & Estates Keyed to Bonfield
In re Estate of Hall
Citation:
51 P.3d 1134 (Mont. 2002)Facts
James Mylen Hall, who passed away on October 23, 1998, had two daughters from a previous marriage and a wife, Betty Lou Hall, at the time of his death. He executed an Original Will in 1984 and later, in 1997, discussed a draft of a Joint Will with his wife and their attorney, Ross Cannon. After making some changes, Jim and Betty were prepared to execute the final version of the Joint Will, but Jim asked if the draft could serve as a will before the final version arrived. Cannon confirmed it would be valid if they signed and had it notarized, which they did without any witnesses. Jim later told Betty to destroy the Original Will. After his death, Betty sought to probate the Joint Will, but Sandra, Jim’s daughter, objected and requested formal probate of the Original Will.
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