When you’re an executor or relative and learn about a contested will, you should take several key steps to address the situation. Sometimes, it’s no surprise that a family member is not happy with the terms of a will. Other times, an unexpected dispute may arise that you’re unsure how to solve fairly. Regardless, you can work to resolve the disagreement in a way that respects the deceased person’s wishes.
A contested will occurs when someone either (1) disputes the contents of a will or (2) does not think the will is legally binding. The term “contested will” typically refers to a probate court dispute over the will or an out-of-court family dispute that may soon end up in court. People may dispute the contents of a will if they feel they have been left out of the inheritance or received less than they expected. In some cases, unclear or ambiguous language in the will can tee up a will dispute by a family member who feels slighted when the executor does not distribute the assets in their favor. Alternatively, people may think a will is not legally binding if the testator (the person who made the will) did not have the mental capacity to make it, or they think someone forced the testator to sign it. If your family is in this situation, here are some good steps to take.
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Get a Lawyer Right Away
Contested will disputes can quickly become extremely contentious. Don’t wait to secure legal representation if you’re the estate executor or an interested family member. You need experienced local legal counsel who can advise you on your rights and the law in Massachusetts. We do not recommend that you deal with a will dispute unrepresented. There are so many nuances in both the laws applying to wills and the laws surrounding probate court processes. A lawyer with experience in those areas can advise you about the case law and court interpretations of those laws, and your lawyer can discuss with you how they apply to your specific situation. Moreover, your lawyer can go to probate court for you to handle the contested will.
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Give Your Lawyer the Contested Will and Other Relevant Documents
Your wills and trusts lawyer must see a copy of the disputed will to evaluate your case fully. In addition, the will may reference other important documents, such as a testamentary trust or previous versions of the will. Please provide those documents to your lawyer or help them get access.
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Assessing the Disputed Will
After reviewing the documents, your wills and trusts lawyer can begin to assess the dispute. In Massachusetts, there are a few legal requirements to contest a will. The probate court will consider:
- The testator’s capacity to make a will (was the testator of sound mind, or were they suffering from a disease or illness that might have affected their mental capacity?)
- Did the testator sign the will under pressure from someone else?
- Is the signature on the will actually that of the testator (could it have been forged)?
- Is this the most recent copy of the will, or can someone show that there’s a more recent version?
- If the will follows legal requirements (was it signed correctly?)
- If the will’s contents are unclear or ambiguous in any way
Your lawyer’s assessment will consider what the probate court might decide for each issue. Also, your lawyer may ask about any evidence that could help prove the answers to these questions.
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Talk to Your Lawyer About Going to Court
Having an honest conversation with your lawyer about going to court is important. If you want to contest the will, your lawyer can explain the strengths and weaknesses of your case. If you are an executor or an interested party, your lawyer can explain your role in the contested will dispute.
If the dispute does end up in court, the judge has a few options for dealing with will issues. If the entire will is invalid because of a capacity issue or other failure to follow legal requirements, then the court may strike the entire will and require estate administration according to Massachusetts’ intestate (no will) inheritance laws. The court may also have the ability to interpret or strike a single provision that is unclear or ambiguous.
There are many possible outcomes to discuss with your lawyer. Regardless of the specific dispute, our best suggestion is to retain high-quality legal representation to help you with a contested will.
Probate Lawyers You Can Trust for Contested Will Issues
Are you looking for a dependable, experienced lawyer who can assist with a contested will issue? Daigle Law Office’s attorneys offer experienced Massachusetts estate administration help. It’s not easy to deal with estate administration, probate, and other estate issues, especially if you are coping with family disputes and have lost a loved one. We help clients dealing with tough situations who need solid, reliable legal advice. To schedule a consultation, call 508-771-7444 or use our convenient Contact Form.
