Matter of Estate of Glennie
265 P.3d 654
Mont.2011Background
- Thomas Glennie died October 5, 2009 from pancreatic cancer; Thomas executed a September 22, 2009 will leaving real property to children and residuary to Sheena; Bruce objected to probate alleging lack of testamentary capacity and undue influence and sought to set aside the Agreements; estate moved to dismiss Bruce’s objections for lack of standing; district court dismissed Bruce’s objections; Bruce appeals seeking discovery and standing to contest the will and the cattle-related agreements
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Bruce have standing to contest the September 2009 will? | Bruce alleges he has a pecuniary interest via a potential previous will. | Estate contends Bruce lacks a pecuniary interest and thus standing; will contest would not alter Bruce’s share if valid. | Bruce has standing to contest the will if a previous will exists and would affect his pecuniary interest. |
| Did Bruce have standing to contest the cattle-related Agreements? | Bruce argues rescission of the Agreements could increase his pecuniary interest in the estate. | Even if rescission benefits Bruce, his standing is limited by interest in real property and residual estate. | Bruce has standing to the extent the Agreements affect real property and may have conditional standing for personal property pending discovery of a prior will. |
Key Cases Cited
- McKinnon v. W. Sugar Coop. Corp., 355 Mont. 120, 225 P.3d 1221 (Mont. 2010) (standard for dismissal under M. R. Civ. P. 12(b)(6) and review for correctness of legal conclusions)
- Helena Parents Commn. v. Lewis & Clark County Commrs., 277 Mont. 367, 922 P.2d 1140 (Mont. 1996) (assessing sufficiency of allegations and standing when reviewing dismissals)
- Hauck v. Seright, 290 Mont. 309, 964 P.2d 749 (Mont. 1998) (doctrine of dependent relative revocation and potential application if a previous will is produced)
- Aspen Trails Ranch, LLC v. Simmons, 356 Mont. 41, 320 P.3d 808 (Mont. 2010) (standing for challenges to personal property interests and residuary estate considerations)
- Stenstrom v. Child Support Enforcement Div., 280 Mont. 321, 930 P.2d 650 (Mont. 1996) (distinguishing discovery and factual development in standing analyses)