In Weymouth, Massachusetts there are particular procedures permitting certain people to challenge the validity of a will. This is recognized as a "will contest" or "contested will."
Sometimes, testators leave out of their wills people who might naturally expect to inherit a considerable portion of the testator's estate (spouses and children, for example). This might lead them to assume, truthfully or not, that the will was some kind of mistake.
If there is a massive amount of money or property at stake, a family member who was left out of the will might find it to be worth the time or money to contest it.
You should remember that a will contest commonly results in adversarial legal proceedings, which can be very contentious. Considering the likelihood that other members of your family might be on the other side, it's clear that this can really damage a person's relationship with his or her family.
When Can a Will be Contested in Weymouth, Massachusetts?
Of course, a Weymouth, Massachusetts court will not invalidate a will without a very good reason, but there are some instances which render a will clearly invalid.
To be valid, a will must be a product of the testator's own free will. So, a will that the testator was forced or tricked into making is not valid, if the probate court finds out about the duress or trickery. Of course, wills are usually made many years before a person dies, so how can a person expect to prove duress or fraud if they suspect it? To begin with, it's not easy. It is possible, however. First of all, it's good to have as much documentation of the testator's affairs as possible. Any written statements concerning their desires on this matter will also be very useful, if there are any. Further, if the suspect gift is totally out of left field (property is left to someone that you know the testator didn't like, or barely knew, for instance), this might also support your position that the will was invalid. Of course, the testator can leave his or her money to whomever they want, so these facts, by themselves, will not be enough to prove fraud or duress.
Another thing to consider is the mental capacity of the person making the will. If, at the time the will was made, the testator was insane or severely intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be proven.
So, you've succeeded in contesting the validity of a Weymouth, Massachusetts will. What happens to the property that was going to be distributed according to its terms? Typically, when a will is declared void, the decedent's assets will be treated as if he or she had died without a will. This is known as "intestacy." Normally, this simply means that the assets will be passed on to their owner's closest living relative, usually a spouse, children, siblings, or parents. If absolutely no relatives can be found, the property is passed to the state. If there is a previous will, which was revoked by the invalid will, a court might revive the old will. If the new will was found to be completely invalid (rather than just parts of it), it follows, then, that the revocation of the old will is invalid as well. Thus, the old will can be given effect.
Can a Weymouth, Massachusetts Contested Will Attorney Help?
Contesting a will can be a complicated, emotional, expensive, and time-consuming process. There is really no way around this. However, a brilliant Weymouth, Massachusetts wills and estates attorney can minimize these problems, and make the process as painless as possible.