At Casey Lundregan Burns, P.C., we have supported Massachusetts families for decades in complex estate disputes. Questions about a loved one’s mental capacity often complicate even well-meaning plans.
Grounds for Contesting a Will Based on Mental Incapacity
In Massachusetts, a will can be undone if the person who created it, called the testator, did not meet the mental standards known as testamentary capacity. The law expects that a testator can recognize the scope of their assets, name the people who would ordinarily receive them, and understand the act of signing a will.
Medical conditions like dementia or Alzheimer’s disease often surface in these disputes, raising the question of whether genuine capacity was present.
Indicators of Lack of Testamentary Capacity
Determining capacity can be more complicated than it sounds. Different behaviors or symptoms can point to incapacity, which might support a legal challenge. Below are some areas that might show a lack of capacity. Each factor can appear alone or in combination, and they often signal ongoing issues with memory or clarity.
Medical Condition and Mental State
Certain neurological diagnoses or serious health problems may have a big impact on a person’s cognitive abilities. Illnesses such as advanced dementia can leave a person disoriented and unable to identify close relatives or handle financial responsibilities. If a will is signed under these circumstances, it might not hold up in a dispute.
Recognition and Memory
For a testator to create a valid will, they must be aware of their closest connections. If someone cannot recall loved ones or if they fail to remember their property, it raises concerns about capacity. Disoriented behavior about time or place also hints at confusion that may affect the will’s legality.
Functional Abilities
A sudden inability to perform daily tasks can signal a fading comprehension of reality. If a person starts getting lost on a well-known route or cannot manage simple appointments, that may indicate more severe memory problems. A will signed during this period could face scrutiny and might not stand if contested.
Understanding of Actions
Signing a will demands a clear view of the legal choices being made. When the testator cannot grasp how their estate is split among beneficiaries, or cannot follow the general content of the document, a court may decide they were not capable. This lack of understanding can lead to intense disagreements among heirs.
The Legal Process of Contesting a Will
Raising a challenge based on incapacity follows a set path. From initial filings to potential court hearings, you will see formal steps that must be followed. Below is an outline of common phases when contesting a will.
Filing a Caveat
In Massachusetts, an individual starts the contest by filing a caveat, which is the official objection with the probate court. This filing must meet deadlines that begin once the will enters probate. Missing those windows can block any future chance to dispute the will.
Halting the Probate Process
Once the caveat is on record, the probate process is put on pause until the challenge is resolved. This means no disbursements from the estate can occur, and no final decisions are made about asset division. Pausing the process prevents irreversible steps while the contest unfolds.
Discovery and Evidence
During discovery, both sides exchange information, gather records, and conduct interviews under oath. Medical evaluations, physician remarks, and statements from friends or relatives typically factor into these exchanges. Each piece of data is offered to back or contradict the claim of mental incapacity.
Court Hearings and Trials
If the issue remains unsettled, the next step involves probate court hearings. Attorneys present witness testimony and argue for or against the will’s validity. If no agreement emerges, the dispute may progress to a trial before a probate judge.
Appeals
An individual who dislikes the trial outcome can petition a higher court to review the ruling. This route may draw out the conflict, so many families try to reach settlements before getting to this point. Still, appeals remain an option when disagreements persist.
Who Can Contest a Will?
Not everyone can challenge a will’s validity. In Massachusetts, only parties with a legal interest—often called interested parties—are allowed to do so. These typically include immediate relatives and those whose inheritance would be altered if the contested will is voided.
Below are examples of those who typically qualify:
- Beneficiaries named in the current will
- Heirs under Massachusetts intestacy rules
- Beneficiaries named in a previous will who stand to gain if the current one is invalid
If you are uncertain about whether you have standing, a call to an estate attorney can help clarify your options.
The Role of Evidence in Contesting a Will
Proving incapacity or other issues requires clear data. Probate courts look for strong indications that the testator lacked a reasonable mind when the will was finalized or that some other circumstance invalidates the document. In many instances, the right evidence is decisive.
Common sources of evidence include:
- Medical charts, doctor statements, and hospital documents
- Observations from those who spent time with the testator
- Signed notes, letters, or diaries reflecting mental decline or confusion
Contact Casey Lundregan Burns, P.C., for Assistance with Will Contests
Feel free to reach out if you suspect a will was created under questionable capacity or other undue influences. At Casey Lundregan Burns, P.C., we have a long record of standing up for Massachusetts families in estate disputes, and we would be happy to address your concerns. Call us at 978-878-3519 or visit our contact page to learn how we may help protect your interests.
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.