Senior Associate
You can contest a will in Massachusetts if you have a legal interest in the estate and grounds to argue that the will should not be admitted to probate. Common grounds include lack of testamentary capacity, undue influence, fraud, forgery, or failure to properly execute the will.
A will contest is handled through the Massachusetts Probate and Family Court. Because probate disputes are subject to procedural requirements and deadlines, acting promptly can help protect your ability to challenge a will.
Who Can Contest a Will in Massachusetts?
Generally, you must be an “interested person” whose rights or financial interests may be affected by the probate proceeding. This could include an heir who would inherit if there were no valid will, a beneficiary under an earlier will, or another person with a legally recognized interest in the estate.
Simply disagreeing with how the deceased person distributed their property is not enough. You need a legally recognized basis for challenging the validity of the will.
What Are the Grounds for Contesting a Will in Massachusetts?
Several circumstances can provide grounds for a will contest.
Lack of testamentary capacity: A person must have sufficient mental capacity when making a will. A challenge may arise if illness, cognitive decline, or another condition prevented the testator from understanding the nature of the document, their property, or the people who would ordinarily be expected to inherit.
Undue influence: A will may be challenged if another person improperly influenced the testator and caused the will to reflect that person’s wishes rather than the testator’s own intentions. Evidence may involve the testator’s vulnerability, the relationship between the parties, and the circumstances surrounding changes to the estate plan.
Fraud or forgery: A challenge may allege that the testator was deceived about the document or important facts affecting its terms. Forgery can also call the validity of a signature or document into question.
Improper execution: Massachusetts law generally requires a will to be in writing, signed by the testator or by someone acting at the testator’s direction and in their conscious presence, and signed by at least two witnesses. A failure to satisfy the applicable requirements can create grounds for a challenge.
How Do You Contest a Will in Massachusetts?
A will contest typically proceeds through formal probate. Under the Massachusetts Uniform Probate Code, a formal testacy proceeding is litigation used to determine whether a deceased person left a valid will. An interested person can ask the court to formally determine the validity of a will, prevent informal probate, or set aside a will that has already been informally probated.
Depending on the circumstances, the process may involve:
- Filing the appropriate petition or objection with the Probate and Family Court
- Providing required notice to interested parties
- Gathering evidence related to the disputed will
- Conducting discovery, including obtaining documents or testimony
- Presenting the dispute to the court if the parties cannot resolve it
In a contested case involving a will that is not self-proved, testimony from an attesting witness may be required when available. A self-proved will receives a presumption that its execution requirements were satisfied, although that presumption can be rebutted.
How Long Do You Have to Contest a Will in Massachusetts?
Timing depends on how the estate is being administered and what has already occurred in probate. Massachusetts law provides that a proceeding to contest an informally probated will may generally be commenced within the later of 12 months after informal probate or three years after the decedent’s death. Other deadlines and exceptions can apply.
If you receive notice of a formal probate proceeding and intend to oppose it, separate procedural deadlines apply. Waiting can therefore affect your options, even if you believe you have strong grounds for a challenge.
What Happens If a Will Contest Is Successful?
The result depends on the basis for the challenge. The court could determine that the disputed will is invalid and admit an earlier valid will instead. If there is no other valid will, some or all of the estate may pass according to Massachusetts intestacy law.
The court can also resolve related questions concerning the decedent’s heirs and the administration of the estate as part of the formal probate process.
Questions About a Massachusetts Will? Get Guidance Early
Will contests can affect inheritances, family relationships, and the administration of an entire estate. If you believe a loved one’s will does not reflect their true intentions or you are defending a will against a challenge, it is important to understand your rights and the deadlines that may apply.
At LaFountain & Wollman, P.C., we help clients address probate and estate disputes throughout Massachusetts. Contact us today to discuss the circumstances surrounding the will and the legal options available to you.