There are not many situations in which an individual could have grounds to challenge a will or trust in Massachusetts.
However, as a person putting together your estate planning documents and planning ahead, it is important to understand the steps that you can take with the help of your attorney to decrease the chances of your will or trust being challenged after you pass away.
An heir, interested party, or a beneficiary might be concerned about the validity of the documents associated with an estate and therefore, might be considering sitting down with an estate planning attorney to discuss a will or trust contest.
The burden of proof falls on the person initiating the will or trust contest when the grounds are based on lack of mental capacity. A will is only valid in Massachusetts if it has been signed by the person who created it as a written document and is signed by two witnesses.
A trust is valid when written and signed in front of the notary public and when the property has been appropriately transferred to the name of the trustee. Evidence in a mental capacity claim might involve different kinds of evidence all based on the idea that the signing party did not have the right capacity at the time the will or trust was signed.
Challenging a living trust or will in Massachusetts can a be a complicated prospect and it is recommended that you consult with an experienced lawyer immediately.
