Contesting a Will in Montana: What you Need to Know

Wills are essential legal documents that ensure a person’s final wishes are respected, but what happens when a will is disputed? Contesting a will is not only a legal battle but also an emotional and sometimes

complicated process that can divide families. In Montana, as in other states, the law provides specific grounds and procedures for contesting a will. Understanding these rules is crucial if you find yourself in a situation where you need to challenge a will.

If you're considering contesting a will—or defending one against a challenge—here’s what you need to know.

Grounds for Contesting a Will in Montana

Under Montana law, a will is presumed valid if it meets basic statutory requirements. It is the challenger’s burden of proof to establish one of the following grounds existed at the time of the will execution. A will can be contested on the following grounds:

1. Lack of Testamentary Capacity

A testator must be of “sound mind” when executing a will (MCA § 72-2-521). They must understand:

• The nature of making a will;

• The extent of their property;

• Who their natural heirs are.

A challenge may succeed if the testator suffered from cognitive decline, dementia, or mental illness at the time of signing.

2. Undue Influence

This occurs when someone exerts improper pressure on the testator, overcoming their free will. Courts assess:

• The testator’s vulnerability,

• The influencer’s authority or control,

• Whether the beneficiary played a role in drafting the will,

• Disproportionate or unexpected gifts.

Montana courts look for a pattern of manipulation that substituted the influencer’s wishes for the testator’s.

3. Fraud or Duress

A will is invalid if it was procured through fraud (e.g., misleading the testator about the document's contents) or duress (e.g., threats or coercion). These challenges must be supported with clear evidence, often requiring witness testimony or circumstantial proof.

4. Improper Execution

Under MCA § 72-2-522, a valid will in Montana must be:

• In writing,

• Signed by the testator (or someone directed to sign on their behalf), and

• Witnessed by two individuals (unless it's a holographic will, which is handwritten and signed by the testator).

Failure to comply with these formalities may render the will invalid.

Who Can Contest a Will in Montana?

Only “interested persons” may contest a will—defined by MCA § 72-1-103(25) to include heirs, devisees, children, spouses, creditors, or any person with a property right or claim against the estate.

When and How Must a Will Contest Be Filed?

Timing is critical. Under MCA § 72-3-122,  there is a three year period from the date of death in which it may be determined whether a decedent left a will and to commence the administration of their estate. There is an exception that heirs will have at least one year after an informal probate to initiate a contest action. If a will is formally probated, the formal testacy order is final as to all persons, subject to any timely appeals or to being vacated within the appeal period.  

Contests are typically brought by filing a petition with the district court in the county where the will was admitted to probate. The petition must set forth the factual and legal basis for the challenge.

What Happens if a Will Is Invalidated?

If the court invalidates a will:

• An earlier valid will may be revived (if one exists), or

• The estate will be distributed according to Montana’s intestate succession laws (MCA Title 72, Chapter 2, Part 1).

This can significantly alter who inherits and how much.

Key Takeaways

• Montana law allows interested parties to challenge a will on narrow, specific grounds.

• These challenges must be timely, factually substantiated, and legally sound.

• Will contests often involve complex evidence and emotional stakes, particularly among family members.

  
  

If you suspect a will is invalid—or you're defending an estate against a challenge—legal counsel is highly recommended. An experienced probate litigation attorney at Measure Law can evaluate your claims, guide you through procedural hurdles, and protect your interests in court.