Montana Code Annotated

Mont. Code Ann. § 72-2-715 (2026)

Class Gifts Construed To Accord With Intestate Succession

✓ current as of May 2026

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TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

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

Part 7. Rules of Construction Applicable to Wills and Other Governing Instruments

Class Gifts Construed To Accord With Intestate Succession

72-2-715. Class gifts construed to accord with intestate succession. (1) Adopted individuals and individuals born out of wedlock and their respective descendants if appropriate to the class are included in class gifts and other terms of relationship in accordance with the rules for intestate succession. Terms of relationship that do not differentiate relationships by blood from those by affinity, such as "uncles", "aunts", "nieces", or "nephews", are construed to exclude relatives by affinity. Terms of relationship that do not differentiate relationships by the half blood from those by the whole blood, such as "brothers", "sisters", "nieces", or "nephews", are construed to include both types of relationships.

(2) In addition to the requirements of subsection (1), in construing a dispositive provision of a transferor who is not the natural parent, an individual born to the natural parent is not considered the child of that parent unless the individual lived while a minor as a regular member of the household of that natural parent or of that parent's parent, brother, sister, spouse, or surviving spouse.

(3) In addition to the requirements of subsection (1), in construing a dispositive provision of a transferor who is not the adopting parent, an adopted individual is not considered the child of the adopting parent unless the adopted individual lived while a minor, either before or after the adoption, as a regular member of the household of the adopting parent.

History: En. Sec. 64, Ch. 494, L. 1993.

Notes of Decisions

Cited in 2 cases, 2006–2006 · leading case: In Re the Est. of Bovey, 2006 MT 46 (Mont. 2006).

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In Re the Est. of Bovey, 2006 MT 46 (Mont. 2006). · cites it 70× “4 4 The notion that being a regular member of the household, under § 72-2-715, MCA, requires more than mere residence at the adoptive parent’s home, is further evidenced by the commission comment to the California code.”

In Re Matter of Est. of Bovey, 2006 MT 46 (Mont. 2006). · cites it 45× “However, the District Court concluded that because Lisa was not, while a minor, a regular member of Ford's household, as required by § 72-2-715, MCA, she was not entitled to the remainder of Ford's trust.”

— Mont. Code Ann. § 72-2-715(3) — 2 cases

In Re the Est. of Bovey, 2006 MT 46 (Mont. 2006). “4 4 The notion that being a regular member of the household, under § 72-2-715, MCA, requires more than mere residence at the adoptive parent’s home, is further evidenced by the commission comment to the California code.”

In Re Matter of Est. of Bovey, 2006 MT 46 (Mont. 2006). “However, the District Court concluded that because Lisa was not, while a minor, a regular member of Ford's household, as required by § 72-2-715, MCA, she was not entitled to the remainder of Ford's trust.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.