When a loved one passes away, most people go through a period of grieving that can last for weeks, months, or a lifetime. If you are currently grieving the loss of someone close to you, the last thing you may want to think about is the legal process of probating the decedent’s estate. Nevertheless, probate is typically initiated shortly after a death. If the decedent left behind a Last Will and Testament, you will likely be provided with a copy of that document. After reading the Will or learning the terms of the Will you may have reason to question its validity. That, in turn, may prompt you to consider contesting the Will. If so, the attorneys at Legacy Care Law Firm offer a Massachusetts guide to contesting a Last Will and Testament.
Understanding a Last Will and Testament
A Last Will and Testament is a legal document that allows the Testator (the person who created the document) to direct the distribution of his/her estate assets after death. Following the Testator’s death, the legal process referred to as “probate” is required to transfer estate assets and pay creditors of the estate properly. If the decedent left behind a Will, the Will must be authenticated and accepted for probate. If there is a challenge to the validity of the Will, that challenge must be litigated before the probate of the estate can resume.
Who Can Contest a Will in Massachusetts?
To contest a Will in Massachusetts, you must have “standing.” “Standing” is a legal term that effectively means you have the right to initiate legal action. In this case, people with legal standing are those who have a vested interest in the outcome of the estate, including a spouse, beneficiaries named in the Will submitted for probate, beneficiaries in a previous Will, creditors of the estate, and legal heirs of the estate. A legal heir is someone who stands to inherit from the estate using the Massachusetts intestate succession laws that apply if a decedent dies without a Will. A parent, for example, is a legal heir to your estate but would not be a beneficiary unless you named your parent as a beneficiary under the terms of the Will.
How Long Do I Have to Contest a Will in Massachusetts?
If you question the validity of a Will, consulting with an experienced probate attorney as soon as possible is in your best interest because you have a limited amount of time within which to take legal action to contest the Will. How long you have will depend on the type of probate initiated.
If the Will was submitted for informal probate, a contest may be filed within three years from the date of the Testator’s death or 12 months from the informal allowance of the Will, whichever is later. If the Will was submitted for formal probate, the amount of time you have to contest the Will is markedly shorter. In that case, the Court requires the Executor or Personal Representative (the person administrating the estate) to serve and publish a “citation” giving notice to would-be contestants that they must participate in the proceedings and present their claims now or be forever barred. That citation will contain two deadlines that the contestant must meet. The first deadline is the specific date upon which anyone wishing to challenge the Will must first file an appearance in the action. Known as the “Return Date,” this deadline is usually two to three months from the filing date of the petition. The second important deadline is when a contestant must have a written “Affidavit of Objections” containing the contestant’s factual and legal claims within 30 days of the Return Date. If you miss either of these deadlines, you have likely waived your right to pursue a Will contest.
What Are the Grounds for Contesting a Will in Massachusetts?
After learning the terms of a Will, you may not be happy with them. You may be upset because you were promised something by the decedent that is not reflected in the Will, or you might be upset that another beneficiary received gifts that you believe he/she does not deserve. While you are entitled to experience a range of emotions over the terms of a decedent’s Will, you cannot contest a Will based on those emotions. Instead, you must have a valid legal basis for contesting a Will. Keep in mind that a Will contest alleges that the Will submitted for probate is legally invalid. Reasons why a Massachusetts Will might be declared invalid include:
- Lack of testamentary capacity. This alleges that the Testator lacked the requisite capacity to execute a Will. To have testamentary capacity the Testator must have understood – at the time the Will was executed — the purpose of the Will, the nature of his/her assets, and who the legal heirs to the estate were.
- Undue influence. This refers to a situation wherein the Testator was influenced by someone to make changes to the Will that benefit the individual and those changes would not have been made without the beneficiary’s influence.
- Fraud. Fraud might include a situation where the Testator signed a Will thinking it was something else or any other act that constitutes dishonesty during the drafting or execution of the Will.
- Forgery. This alleges that the signature on the Will is not the Testator’s signature.
- Improper execution. To be valid, a Will must be executed properly, according to the laws of the Commonwealth of Massachusetts.
- Revocation/Subsequent Will. This alleges that the Will was revoked by the Testator and/or a new Will was executed by the Testator, prior to his/her death.
What Happens During a Massachusetts Will Contest?
Once a Will is formally challenged, the Will contest is litigated in the same manner as other civil disputes. The Executor of the estate is obligated to defend the Will submitted for probate. Both sides will exchange discover and proceed to litigate the issue. If the parties are able to reach an out-of-court settlement that resolves the Will contest, the matter is settled. If no agreement can be reached, the Will contest must be decided in court. Ultimately, if the Will contest is successful, the Will submitted for probate is declared invalid and the court must look for another valid Will to be used during the probate of the estate or the Massachusetts intestate succession laws will determine how estate assets are distributed. If the Will contest fails, the probate of the estate resumes using the Will submitted to the court as a roadmap for the distribution of estate assets.
Do You Need Help Contesting a Massachusetts Will?
For more information, please join us for an upcoming FREE seminar. If you have additional questions about contesting a Will in Massachusetts, contact our estate planning attorneys in our North Andover, Woburn, and Beverly offices at (978) 969-0331. Our Salem and Nashua, New Hampshire office can be reached at (603) 894-4141.
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