Massachusetts Probate Law: How to File an Objection to a Will

Massachusetts Probate Law: How to File an Objection to a Will

Probate law in Massachusetts governs the process of administering a decedent’s estate. One of the critical aspects of this process is the ability to contest a will, also known as filing an objection to a will. Understanding how to file an objection is essential for anyone who believes a will does not accurately represent the deceased's intentions or if there are concerns about the will’s validity.

To contest a will in Massachusetts, you need valid legal grounds. Common reasons for objections include:

  • Lack of Testamentary Capacity: The decedent may not have been mentally competent when they signed the will.
  • Undue Influence: If someone exerted pressure on the decedent to create or modify a will to their advantage.
  • Improper Execution: Massachusetts law requires specific formalities to be followed when executing a will. If these were not met, the will may be deemed invalid.
  • Fraud: If the will was procured through deceit or misrepresentation.

Once you have valid grounds, the process to file an objection begins in the Probate and Family Court where the will was submitted for probate. Here are the steps to file an objection effectively:

1. Gather Evidence

Before proceeding, it’s crucial to collect evidence that supports your claim. This may include documents, witness statements, or expert testimony that can help establish your basis for objecting.

2. File a Complaint

You must file a formal complaint to contest the will. This document outlines your objections and the reasons for them. It’s important to detail the grounds for contesting the will clearly and concisely.

3. Pay the Filing Fee

At the time of filing, you will need to pay a fee, which varies depending on the court. Fee waivers may be available for those who cannot afford to pay.

4. Serve the Notice

After filing your objection, you are required to serve notice of your objection to the interested parties. This typically includes the executor or personal representative of the estate and any beneficiaries named in the will.

5. Attend the Hearing

A court hearing will be scheduled to address the objections. During this hearing, both parties can present their arguments, evidence, and witness testimony. It’s highly advisable to have legal representation to navigate this complex process effectively.

6. Await the Court’s Decision

After considering the evidence, the judge will make a ruling on the validity of the will. If the court finds in your favor, it can reject the will and potentially restore a prior version of the will or distribute the estate according to intestacy laws if no prior valid will exists.

Conclusion

Filing an objection to a will in Massachusetts can be a challenging process, but it is essential for protecting your interests if you believe that the will does not reflect the true wishes of the deceased. Understanding the grounds for contesting a will, following the correct procedures, and seeking legal advice can help ensure that your objections are heard and considered in the probate process.