A Century Of Legal Service

  1. Home
  2.  • 
  3. Estate Planning
  4.  • Grounds to contest a will in Massachusetts

Grounds to contest a will in Massachusetts

On Behalf of | Sep 1, 2020 | Estate Planning |

If you wish to contest a will in Massachusetts, you need to be what is called an interested person. It usually means family, those previously named as beneficiaries in the deceased’s will or creditors.

These are some of the reasons you may contest a will:

  • It was not signed in the correct fashion: Each state has rules governing how a will must be signed. In Massachusetts, you need to sign a will in front of two witnesses. They also need to sign the document.
  • It was not signed freely: If your dad left everything they owned to the local mafia boss, you might suspect they were put under duress to do so.
  • It was unduly influenced: This does not require a threat, merely that someone used their influence over your dad to favor themselves. People in this position could be family members, caregivers or new partners who got to spend a lot of time alone with your father.
  • It’s not their signature: You look at the will’s signature, and something seems odd. It is not hard to fake a signature, but it is hard to do so accurately. It could be a sign that the will is a forgery.
  • It does not seem like a rational decision: If your dad had a mental illness when he signed his will and left everything to a donkey sanctuary, you might be able to argue he was not fit to sign it.
  • It is out of date: The most recent version of a will supersedes all others.

Seek legal help if you are considering contesting a Massachusetts’ will.