Most probate proceedings in Massachusetts go smoothly. The will is filed, the personal representative is appointed, and assets are distributed according to the deceased's wishes. But sometimes family members disagree - about what the will says, whether it was validly executed, or whether someone improperly influenced the testator. When that happens, a will contest can follow.

Who Can Contest a Will?

Not everyone has the legal standing to challenge a will. In Massachusetts, you must be an interested party - meaning someone who would inherit under either the current will or a prior will, or under Massachusetts intestacy laws if there were no will at all.

Typically this includes:

• Children and grandchildren

• Spouses

• Siblings and other heirs at law

• Beneficiaries named in a prior version of the will

Grounds for Contesting a Will

Lack of Testamentary Capacity

The person making the will (the testator) must have had the mental capacity to understand what they were signing. This means understanding:

• The nature and extent of their property

• Who their natural heirs are

• What the will does

• How these elements relate to each other

Dementia, Alzheimer's disease, or other cognitive conditions do not automatically invalidate a will - the question is whether the person had capacity at the moment of signing.

Undue Influence

Undue influence occurs when someone uses a position of power or trust to override the free will of the testator. Warning signs include:

• A caregiver or family member who controlled access to the testator

• A sudden change to the will late in life after a period of dependency

• The beneficiary was present during the drafting and signing

• The testator was isolated from other family members

Improper Execution

Massachusetts requires a will to be:

• In writing

• Signed by the testator (or by another person in the testator's presence and at their direction)

• Witnessed by two individuals who sign within a reasonable time

A will that does not meet these requirements may be invalid regardless of the testator's intent.

Fraud or Forgery

If someone tricked the testator into signing a document they didn't understand was a will, or forged the testator's signature, the will can be contested on grounds of fraud.

The Timeline for Contesting

In Massachusetts, a will contest must generally be filed within one year of the will being admitted to probate. Acting quickly is critical.

What Happens During a Will Contest?

The process typically involves:

1. Filing a formal objection with the Plymouth County Probate Court

2. Discovery - gathering medical records, financial records, witness testimony

3. Depositions of witnesses and anyone involved in drafting the will

4. A trial before a judge (or occasionally a jury)

Most will disputes settle before trial. But having an experienced attorney from the start puts you in the strongest negotiating position.

Sofio Law LLC represents both those challenging a will and those defending the estate in Plymouth County and throughout the South Shore. Contact us if you believe a loved one's will does not reflect their true wishes.