72-3-310. Burdens in contested cases. In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue, and heirship. Proponents of a will have the burden of establishing prima facie proof of due execution in all cases and, if they are also petitioners, prima facie proof of death and venue. Contestants of a will have the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation. Parties have the ultimate burden of persuasion as to matters with respect to which they have the initial burden of proof.
History: En. 91A-3-407 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-407(part).
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 3. Upc -- Probate and Administration
Part 3. Formal Testacy and Appointment Proceedings
72-3-301. Petition for formal testacy or appointment -- contents -- last will
72-3-302. Formal testacy proceedings -- nature -- how and when commenced
72-3-303. Formal proceeding supersedes all informal applications
72-3-304. Effect of formal proceeding on power of informally appointed personal representative
72-3-305. Notice of hearing on petition for formal testacy proceeding
72-3-306. Notice and procedure when fact of death in doubt
72-3-307. Hearings and proof in uncontested cases
72-3-308. Written objections to probate
72-3-310. Burdens in contested cases
72-3-311. Priority of determinations in contested cases
72-3-312. Effect of final order in another state
72-3-313. Order for formal probate
72-3-314. Probate of more than one instrument -- order
72-3-315. Order of partial intestacy
72-3-316. Will from place where probate unprovided for
72-3-318. Modification or vacation for other cause
72-3-319. Formal appointment proceedings
72-3-320. Nondomiciliary decedent -- will filed and not probated in domiciliary state