Can a will be contested in Massachusetts?

Yes, a will can be contested in Massachusetts, but a challenge will only be successful under specific legal grounds. Disagreeing with the terms of a will or feeling that an inheritance is unfair is generally not enough to successfully challenge its validity.

Common grounds for contesting a will include allegations that the person creating the will lacked the mental capacity to understand what they were signing, was subjected to undue influence, or that the will was not executed in accordance with Massachusetts law. Claims of fraud or forgery may also serve as a basis for a challenge.

Will contests typically occur during the probate process and can involve testimony from family members, witnesses, medical professionals, and others familiar with the circumstances surrounding the creation of the document.

While will contests receive significant attention in popular culture, most properly drafted and properly executed wills are not successfully challenged. Careful estate planning, clear documentation, and adherence to legal formalities can significantly reduce the likelihood of disputes.

Individuals who anticipate potential family conflict may benefit from discussing those concerns with an estate planning attorney during the planning process.