Can You Contest A Will?

  • Have you been unfairly or surprisingly excluded from a will?
  • Do you believe someone has unduly influenced a loved one to change their will?
  • Did you render services to someone in exchange for a promise that you would be included in their will?
  • Are you the representative of an estate which is being subjected to a will challenge?
  • Has someone close to you recently been diagnosed with a mental illness, dementia, or coping with drug addiction?

If you can answer “yes” to any of these questions, you are likely to end up in the Probate Court in Massachusetts.  At Next Phase Legal, attorneys Stephen McDonough and Chris McHallam have experience dealing with will contest and estate litigation matters and can help you to understand your rights and duties and navigate you through the Probate Court process.

Contesting A Will in Massachusetts

Probate and estate
If you have questions about challenging a will, or other probate matters, we can help.

A Will Contest is a legal process conducted in the Probate Court, brought by an individual (usually through their lawyer) who believes grounds exist to challenge the validity of a will.  Typically, will contests question the legal sufficiency of the will itself or the mental state of the will's creator.   Sometimes, a person who renders services as part of an agreement to be included in a will can make a claim against an estate in an effort to be fairly compensated for the value of the work provided.  Although these kinds of cases do not challenge the will directly, claimants can litigate the question of whether they should have received a bequest under an otherwise valid will.

 Experienced Will Contest Attorneys in Massachusetts

With extensive experience litigating and resolving will contests and estate litigation, we work closely with our clients to help them litigate will contests and litigate questions of recovery from estates.  When handling a will contest, we advocate so our clients have the best chance to achieve an outcome that is reflective of what should have happened.

Why Contest A Will?

  • Challenging a will Due to Undue Influence/Lack of Competence
  • Estate Claims Based upon Inequity or Unjust Enrichment
  • Questioning Appointment of Representatives/Trustees
  • Restoring Gifts Based Upon Services Rendered
  • Contesting Accounts
  • Claims Against Prior Estate Representatives.

We understand every client dealing with the challenge of must balance their needs against expenses and potential recovery, so our cost-efficient representation considers your needs as a whole in the context of the size of the estate or claim.  In fact, much of our work is completed on a fixed-fee basis, which helps you with budgeting and predictability.  We'd be pleased to talk to you about a custom package of services designed to fit your specific requirements. At Next Phase Legal, we want to be your strategic partner and help you succeed.   Our relationships with our probate, estate administration, guardianship and conservatorship clients are built on foundations of trust and personalized guidance.  To learn more and to schedule your confidential meeting, please call us at (508) 359-4043, or complete our contact-form. Probate and Will Contest lawyers serving the Medfield, Norwood, Dedham, Walpole, Millis, Medway, Norfolk, Westwood, Boston, Franklin, Newton, and Wellesley areas.

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