When a loved one passes away, their will is meant to provide clear instructions on how their estate should be distributed. However, disputes can arise when beneficiaries or interested parties believe the will is invalid or does not reflect the true intentions of the deceased. In Massachusetts, there are specific legal grounds for contesting a will, and understanding them is essential before taking action.

At Chaves Estate Planning LLC, we provide legal assistance to the Raynham public and help individuals navigate complex probate and estate disputes.

What Does It Mean to Contest a Will?

Contesting a will means challenging its validity in probate court. This process is not simply about being dissatisfied with the terms of the will—it requires a legal basis supported by evidence. Only certain individuals, such as beneficiaries, heirs, or others with a financial interest in the estate, have the right to bring a challenge.

Lack of Testamentary Capacity

One of the most common grounds for contesting a will in Massachusetts is lack of testamentary capacity. The person creating the will (the testator) must have been of sound mind at the time it was signed. This means they understood:

• The nature and extent of their assets
• The individuals who would typically inherit their estate
• The consequences of signing the will

If the testator suffered from conditions such as dementia, mental illness, or cognitive impairment that affected their decision-making, the will may be challenged on this basis.

Undue Influence

Undue influence occurs when someone exerts excessive pressure on the testator, causing them to create or change a will in a way that benefits the influencer. This often involves situations where:

• The influencer had a close or dependent relationship with the testator
• The testator was vulnerable due to age or illness
• The resulting will disproportionately benefits the influencer

Proving undue influence can be complex, but it is a recognized ground for invalidating a will in Massachusetts.

Fraud or Misrepresentation

A will may also be contested if it was created based on fraud. This can happen if the testator was misled about important facts or deceived into signing a document they did not fully understand. Examples include:

• Being told false information about a family member
• Signing a will under false pretenses
• Being tricked into believing the document was something else

Fraud undermines the validity of a will because it prevents the testator from making informed decisions.

Improper Execution

Massachusetts law requires that wills follow strict formalities to be valid. Generally, a will must be:

• In writing
• Signed by the testator
• Witnessed by at least two individuals

If these legal requirements are not met, the will may be deemed invalid. Even minor errors in execution can create grounds for a challenge.

Forgery

Forgery is another serious ground for contesting a will. If someone suspects that the testator’s signature was forged or that the document itself was fabricated, the court may invalidate the will after reviewing the evidence.

Revocation or Multiple Wills

Disputes can also arise when there are multiple versions of a will. If a newer will exists, it may revoke a prior one. However, if there is confusion about which document is valid or whether the testator intended to revoke a previous will, a contest may be necessary to resolve the issue.

Time Limits for Contesting a Will

Massachusetts imposes strict deadlines for contesting a will. In many cases, interested parties must act within a limited period after the will is submitted to probate. Missing this deadline can result in losing the right to challenge the will, making it critical to act promptly.

How Legal Guidance Can Help

Contesting a will involves legal procedures, evidence gathering, and court filings. Each case is unique, and the outcome often depends on the strength of the evidence presented. Having proper legal guidance can help individuals understand their rights, evaluate the validity of their claim, and pursue the appropriate course of action.

At Chaves Estate Planning LLC, we assist the Raynham public with will contests and estate disputes, helping clients navigate the legal process with clarity and confidence.