In re Estate of Hall
Montana Supreme Court
51 P.3d 1134 (2002)
James Hall and his wife Betty Lou (defendant) worked with their attorney to prepare a joint will, marking up and agreeing on the draft's revisions, and executed the marked-up draft themselves — notarized by their attorney but without any other witnesses — after their attorney advised them a signed, notarized draft would be enforceable while he prepared the final clean copy. James then had Betty Lou destroy their original 1984 will. After James's death, Betty Lou offered the joint will for informal probate; Sandra (plaintiff), James's daughter from a prior marriage, objected and offered the original 1984 will for formal probate instead, but the court admitted the joint will, and Sandra appealed.
Whether a will that was not properly witnessed by the statutorily required two witnesses may nonetheless be admitted to probate based on clear and convincing evidence that the testator intended the document to be his will.