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However, you need more than this to contest the will in Massachusetts. You may believe that you should have inherited something from the estate, or inherited something other than what you did. Beneficiaries under the terms of a previous or later willĪssuming a party has met the above qualifications, the next step is to allege sufficient legal grounds to challenge the will.In Massachusetts, an interested person includes: In this case, it refers to what probate law considers an “interested person.” This is an individual who has a financial or legal interest in the ultimate outcome (namely, whether the will is validated or not).
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Standing is a legal term meaning that one has the right to bring legal action. To contest a last will and testament, an individual must first have standing to do so. This is where a will contest typically arises. Before any of this can be done, however, the will must be authenticated. Probate ensures that assets are correctly identified and transferred to their intended heirs, that legitimate estate creditors have a chance to make their claims, and that taxes are paid. When someone dies and leaves behind a will dispensing with their estate, the first step that must be taken is to probate the will. The Estates & Trusts attorneys of SederLaw are here to guide you. Contesting a will requires more than simply disagreeing with its contents or not being happy with your inheritance. Where there is reason to suspect the legitimacy of a will, there is a possibility that someone can challenge – or contest – that document. But in some cases, there is evidence that suggests the will is invalid. Ideally, a last will and testament will accurately represent the final wishes of the testator (that is, the individual who executes the will).