Montana § 72-7-302 - Intent To Exercise -- Determining Intent From Residuary Clause
Full text of Montana Montana Code Annotated § 72-7-302 — Intent To Exercise -- Determining Intent From Residuary Clause, with citation guidance and answers to common questions.
§ 72-7-302. Intent To Exercise -- Determining Intent From Residuary Clause
Intent to exercise -- determining intent from residuary clause. (1) In this section: (a) "Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause. (b) "Will" includes a codicil and a testamentary instrument that revises another will. (2) A residuary clause in a powerholder's will or a comparable clause in the powerholder's revocable trust manifests the powerholder's intent to exercise a power of appointment only if: (a) the terms of the instrument containing the residuary clause do not manifest a contrary intent; (b) the power is a general power exercisable in favor of the powerholder's estate; (c) there is no gift-in-default clause or the clause is ineffective; and (d) the powerholder did not release the power.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 72-7-302
What does Montana Code Annotated § 72-7-302 cover?
Section 72-7-302 ("Intent To Exercise -- Determining Intent From Residuary Clause") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 72-7-302?
A common citation format is "Montana Code Annotated § 72-7-302" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 72-7-302 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.