Understanding the Massachusetts Will Contest Process

Understanding the Massachusetts will contest process is essential for anyone involved in estate planning or those who may be disputing a will. The will contest process can be complex, and knowing the intricacies of the law can help individuals navigate through it more effectively.

A will contest is a legal challenge to the validity of a deceased person's will. In Massachusetts, specific grounds must be established for a will to be contested. These typically include lack of testamentary capacity, undue influence, improper execution, or fraud.

Grounds for Contesting a Will in Massachusetts

The first ground is lack of testamentary capacity. To create a valid will, the testator (the person writing the will) must have the mental capacity to understand the extent of their property, the persons who would normally inherit from them, and the implications of signing a will. If the testator was suffering from mental illness or impairments at the time the will was executed, this could be grounds for a contest.

Undue influence occurs when someone exerts pressure on the testator to create or change a will in favor of the influencer. This can be particularly sensitive in cases involving elderly individuals or those with diminished capacity. Evidence must be provided to demonstrate that the purported influence was significant enough to overpower the testator's free will.

Improper execution is another valid ground for contesting a will. Massachusetts law requires a will to be signed by the testator and witnessed by at least two disinterested witnesses. If these requirements aren’t met, the will may be declared invalid.

Another reason for contesting a will may involve fraud. This means that a will was created or changed based on false information or deceit. If someone can prove that the testator was misled into signing a will, a contest may be warranted.

The Contest Process

If you believe there are valid grounds to contest a will, the first step is to file a complaint in the probate court where the will was filed. The complaint should clearly outline the reasons for the contest and include any relevant evidence. It’s crucial to act quickly since there are time limits for initiating a contest; in Massachusetts, this is generally one year from when the will is admitted to probate.

Once the complaint is filed, the court will schedule a hearing. Both parties have the right to present evidence, call witnesses, and make arguments in support of their position. It is essential to have legal representation during this time, as the probate process can be intricate and adversarial.

Possible Outcomes