Losing a loved one is difficult and questions about their will can add to your stress. As a beneficiary in Massachusetts, you have obligations and rights during probate, including the ability to challenge a will under specific circumstances.
During probate, beneficiaries must cooperate with the estate’s personal representative, provide requested information and respect the legal process. However, if you believe something is wrong with the will, you may have grounds to contest it.
Instances when interested parties can challenge a will
Beneficiaries and other interested parties can challenge a will for valid legal reasons, including:
- Lack of testamentary capacity: If the testator wasn’t of sound mind when creating the will.
- Undue influence: When someone pressured the testator to change their will.
- Fraud or forgery: If the will is suspected to be fake or signed under false pretenses.
- Improper execution: If legal procedures for creating a valid will weren’t followed.
- Existence of a more recent valid will: A newer, properly executed will typically supersedes older versions.
- Ambiguities or errors: Unclear language in a will can lead to disputes about its interpretation.
If you believe you have any valid reasons to challenge a will, it’s essential to take action quickly. In Massachusetts, you generally have one year from the date the personal representative is appointed to file a will contest. Delaying could result in losing your right to challenge.
Probate litigation can get complex and messy
Challenging a will can uncover family secrets or lead to heated disputes, straining or even breaking family ties. It may take months or years to resolve, during which time the estate remains unsettled. This delay can cause financial hardship for beneficiaries counting on their inheritance.
While beneficiaries have the right to challenge a will under certain circumstances, it’s a serious decision with potentially far-reaching consequences. When contesting a will, consider consulting with an attorney who has experience in this complex area of law.
