After the passing of a loved one, family members will have the responsibility of settling his or her estate. When there is a will, the distribution of assets and property should be done according to the terms in the document. However, there are times when a family member or other interested party feels the need to dispute a will. Will contests are complex legal battles, and a Massachusetts heir or beneficiary will have to work diligently to protect his or her interests.
Contests over wills can happen for many different reasons. One of the most common reasons to dispute a will is for lack of testamentary capacity. This is when the decedent did not have sound mind required to make important legal decisions at the time the will was drafted. Another reason someone may contest a will is undue influence, which is when there was manipulation or coercion when the decedent was drafting or executing the will.
Finally, fraud is a common reason to challenge a will. This happens when one party used deception against another during the drafting of a will, during its execution or during the administration of the estate. Regardless of which side a Massachusetts adult may be on in a will contest, it is beneficial to have the assistance of an experienced attorney at every step.
Will contests can costs beneficiaries and heirs both time and money. It is important to seek positive solutions in a timely manner. At the first sign of a problem with a will or a dispute with another party, it is helpful to seek knowledgeable legal counsel.
