Life can feel upside down when you lose a loved one, and it often gets even more complicated if you suspect that their will does not reflect their true wishes. We understand how family disagreements and confusion can add stress during an already trying time.
At Casey Lundregan Burns, P.C., we have spent over 90 years assisting Massachusetts families with trust and estate matters, including tough will disputes.
Will Contests in Massachusetts
When someone contests a will, they are legally challenging its validity or terms in probate court. This type of dispute usually comes up after a person passes away and the will is presented for probate.
Probate is the court procedure that confirms the will and manages the transfer of the deceased’s assets to the beneficiaries named in that document.
Filing a will contest usually pauses or slows the probate process until the court rules on the challenge. If you are the person contesting the will, you must base your challenge on acceptable legal grounds. It is not enough to be upset about who gets what—the law requires actual proof of wrongdoing or a serious flaw in the will’s creation.
Standing to file a will contest also matters. Let us explore who generally qualifies.
Who Has Standing to Contest a Will?
In the legal world, “standing” means you have a strong enough interest in the outcome to bring a case to court. In Massachusetts, only certain categories of people are seen as having that right. If you fall into one of the groups listed below, the court may allow you to move forward with your contest.
Common examples of these groups include:
- A surviving spouse
- Beneficiaries named in the will in question
- Family members who would inherit under Massachusetts intestacy rules if the will is thrown out
- Beneficiaries listed in a past will but not included in the latest one
- Creditors of the estate, when state law recognizes their claim
Those lacking a close financial or legal stake are unlikely to pass the standing test. This step helps courts weed out frivolous objections.
Next, let us look at the common reasons a person might use as a basis for contesting a will.
Common Legal Grounds for Contesting a Will in Massachusetts
Merely disagreeing with how property is divided will not get you far. The contest must revolve around recognized legal problems. The reasons below are the most frequent ones used in challenges, and each requires substantial proof to be successful.
Lack of Testamentary Capacity
State law says the person drafting the will (the testator) must have been “of sound mind” at the time of signing. This means they should clearly understand that they are making a will, have a handle on their assets, and know who would logically inherit if no will were involved.
Possible medical concerns like dementia or Alzheimer’s can create legitimate questions about capacity. Courts typically look at evidence like the deceased’s medical history, statements from doctors, and the impressions of neighbors or relatives who spent time with the testator near the signing date.
People challenging capacity often use:
- Clinical records describing cognitive decline
- Witness accounts of confusion or memory lapses
- Remarks the testator made suggesting unawareness of property or family relations
Undue Influence
Undue influence happens when someone improperly pressures or manipulates the testator, causing changes to the will that benefit the influencer. In other words, the influencer overrides the testator’s independent judgment. A classic example might be a caretaker who isolates an elderly person from loved ones, persuading them to alter inheritance plans.
In many undue influence cases, we see a vulnerable testator (age, health, or social isolation) and someone with both a motive and the chance to push their own agenda. If the final result departs strongly from the testator’s prior intentions, that raises suspicions. Documents and testimony showing a close or confidential relationship, as well as proof of drastic estate changes shaped by that relationship, become vital.
People frequently rely on:
- Records of unusual transfers of money or assets to the influencer
- Statements from relatives describing how the influencer cut off the testator from outside contact
- Older versions of the will show a very different distribution pattern
Fraud
A claim of fraud usually contends that the testator was misled or tricked into signing a will containing terms they would never have agreed on otherwise. For example, forging a signature or lying about important financial facts can create grounds for invalidating the document.
Fraud is not always blatant. Sometimes, it involves smaller deceptions that sway the testator’s decisions. Relevant proof often includes questioned signatures, sworn affidavits from witnesses, or contradictory statements the testator made near the signing date.
Improper Execution
Massachusetts law has requirements for a valid will. For instance, the will must be in writing, signed by the testator (or by someone directed to sign on the testator’s behalf while in the testator’s presence), and witnessed by two adults who observe this signing.
If any of these steps are not followed, a court might view the will as flawed. For instance, if only one witness was present or if the witnesses did not sign in the testator’s presence, the will can face a challenge. A close look at the final document and statements from those who witnessed the signing can help you demonstrate problems in execution.
Revocation
A testator can cancel or replace a prior will. This might happen by writing a subsequent will with a revocation clause or by physically damaging the original document (such as tearing it up), combined with a clear intention to revoke. If you believe the document presented to the court was officially revoked, you will need solid proof. That might be a later will or statements from others describing the testator’s decision.
When a party decides to challenge a will, the process in Massachusetts entails several procedural steps. Below is a quick reference for how these cases often move forward.
The Will Contest Process in Massachusetts
Launching a will contest starts with filing a legal objection in the probate court handling the estate. You have to file what is known as an appearance, followed by an affidavit of objections spelling out the evidence you plan to rely upon. Both steps usually must be done within certain timeframes, so attention to deadlines is critical.
After filing, both sides share information through a process called discovery. That phase can include interviews under oath, document requests, and depositions. Often, the parties meet in mediation to see if they can resolve the dispute without going to trial. If that fails, a judge (and possibly a jury) will hear the arguments and make the final ruling.
Because Massachusetts imposes strict timelines for challenging a will, be sure to file these documents on time. Missing a filing deadline can result in a waiver of your rights.
Time Limits for Contesting a Will
Massachusetts has specific deadlines for will contests, and they often depend on whether the estate is going through informal or formal probate. If the executor chose informal probate, you generally have up to a year or three years from the date of the decedent’s death (whichever timeframe applies) to file objections.
However, with formal probate, the court might set shorter deadlines, and you have to be ready to meet them.
If you fail to act before the statutory deadlines, you will likely lose your chance to raise any challenge. Given these restrictions, it can be wise to seek legal counsel soon after the will is filed with the court.
Finally, if you find yourself needing guidance with a will dispute or any related trust and estate matter, consider talking to our firm about next steps.
Need Assistance with a Will Contest?
Our firm is committed to protecting your interests, whether you are a beneficiary, executor, or any other interested party.
Please call us at 978-878-3519 or visit our Contact Page for more details. We have proudly served Massachusetts families for decades, and our firm knows how to advocate for you in probate disputes. We welcome your voice and look forward to hearing about your concerns.
The information in this post is not intended as legal advice or a substitute for the particularized advice of counsel. For more information, please consult an attorney.