You can’t win a fight over a will if you don’t have standing to challenge the will. We’ve previously looked at standing in the context of guardianship challenges and beneficiaries who thought they could pursue the estate’s claims better than the executor could. Today, we take a look at who has standing to pursue claims that a will and several contracts were the products of undue influence and a lack of capacity.
In Matter of Estate of Glennie, the Montana Supreme Court reversed a trial court’s decision that a testator’s son lacked standing to challenge the will and to seek to set aside cattle sale and lease agreements entered into by a sibling and the testator. In doing so, the Montana Supreme Court showed us what to look for under Montana law in order to determine standing.