Boston Will Contest Lawyer for Estate Litigation

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For nearly four  decades Boston will contest lawyer Alan Fanger has helped clients in contentious will and estate disputes. His tenacious, client-first approach has earned him recognition from Super Lawyers as a Top Rated Estate and Trust Litigation Attorney and the highest possible rating of 10.0 “Superb” on Avvo. He is an active member of both the American Bar Association and the Massachusetts Academy of Trial Attorneys.

I Fight to Protect Clients Against Losing Their Inheritance

The possibility of wrongfully losing an inheritance from a loved one can be devastating. In many cases, it’s more than just money that is at stake.

It may be the legacy of a business that was built over decades. It may be irreplaceable family heirlooms. It may mean the difference between promises made by a loved one regarding an inheritance years ago and losing the inheritance completely.

I understand.

As a Boston will contest lawyer and Massachusetts will litigation attorney, I have nearly 40 years of experience representing clients in will and estate contests throughout Massachusetts. Navigating probate court and will contests is an extremely complex process, and the experience and ability of your legal team are critical to achieving the best outcome.

Will contests are among the most emotionally charged and legally complex disputes that arise after a person’s death. The stakes are high, the legal standards are demanding, and the time available to act is limited. Whether you are in Boston, Newton, Needham, Dedham, Chelsea, Dorchester, Brookline, Wellesley, Brighton, or anywhere else in Massachusetts, I can help.

I offer a free, no obligation consultation so that you can get answers – answers to your questions, the strategies that may be available, and what must be proven to win your case. I frequently accept will contest cases on a contingency fee (I only receive a fee if you receive compensation), and I advance all litigation expenses so you will not need to pay these fees during litigation (normally these expenses are recovered through a successful settlement or judgment).

Call me at 617. 332-3456 to get started and to learn your options.

I also invite you to read the information below on Massachusetts will contests.

Who Do You Represent in Will Contests?

In most cases I represent those who are potentially being deprived of their rightful inheritance. This usually occurs when someone, usually the client’s parent, signs a new will that changes dramatically the person(s) who the parent wants to receive their assets after their death.

What is a will contest?

A will contest is a legal proceeding in which an interested party challenges the validity of a will. A will may be considered invalid if certain legal grounds, such as undue influence, lack of capacity, or improper execution, are proven.

In What Court are Will Contests Heard in Massachusetts?

In Massachusetts, will contests are heard in the Probate and Family Court.

Who Can Contest a Will In Massachusetts?

To contest a will in Massachusetts, you must have legal standing or be what is called an “interested party”. This generally means you must be an heir at law, a person named in a prior will of the decedent, or someone who would be a beneficiary if the will is found to be invalid.

Normally a person cannot contest a will simply because they believe they should receive a larger share of an estate (unless other potentially irregularities exist that may cause the will to potentially be invalidated, such as those discussed below).

If you are not sure whether you have legal standing to contest a will I can evaluate your situation during a free consultation and let you know about your options.

What are the Legal Requirements in Massachusetts for Will Execution to Be Valid?

In Massachusetts, in order for a will to be valid, the following are required:

• The testator must be at least 18 years old.
• The testator must be of sound mind at the time that the will is executed.
• The testator must know the general nature of their estate, and they must understand that by executing the will, they are providing for the distribution of their assets upon their death.
• The will must be in writing (it can be typed or handwritten).
• The will must be signed by the testator (or at the testator’s request if they are unable to physically execute the will); typically the signature should be at the end of the will.
• The will must be signed by two witnesses within a reasonable time after execution by the testator. Ideally, the witnesses will not be beneficiaries under the will, as this may be seen as undue influence.

What Grounds Can I Use To Contest A Will in Massachusetts?

In Massachusetts, a will can be challenged on a number of recognized legal grounds, such as:

• The will did not comply with Massachusetts legal requirements (those noted above).
• The testator was not of sound mind (or lacked “testamentary capacity”) when signing the will.
• The testator did not understand that they were signing a will when they signed the document. This can occur in a situation involving fraud. For example, the testator may be presented a document and told that it is a power of attorney and not realize that the document is in fact a will.
• The testator did not appreciate the nature of their estate or that they were providing for the ultimate distribution of their assets when they signed the will.
• One or more people exerted undue influence over the testator when the testator signed the will.

Each ground requires a different evidentiary showing, and the strength of a Massachusetts will contest depends heavily on the facts of each case.

Are Video Wills Valid in Massachusetts?

No. Because of the requirements that a will must be in writing and signed by the testator and witnesses, videos cannot be valid wills.

Does Massachusetts Recognize Holographic Wills (and What is a Holographic Will)?

Holographic wills are handwritten wills that are signed by the testator without any witnesses. While such wills are valid in many states, holographic wills are not recognized as valid wills in Massachusetts unless:

• The testator made a holographic will in another state and was a resident of that state at the time the will was executed, and
• That state recognized holographic wills as being valid.

What Does Testamentary Capacity Mean in Massachusetts?

Testamentary capacity in Massachusetts means that at the time a will was signed, the person making it understood the nature and extent of their estate, knew who their natural heirs were, understood that they were executing a document that would control the distribution of their assets after death, and could appreciate how those elements relate to each other. A diagnosis of dementia or other cognitive impairment does not automatically mean a person lacked testamentary capacity, but it is highly relevant evidence that courts will consider.  In cases where testamentary capacity is at issue,  I typically obtain the testator’s medical records.

How is Lack of Testamentary Capacity Proven in Massachusetts?

Lack of testamentary capacity is often difficult to prove. Depending upon the circumstances, testamentary capacity may be shown through medical records, witness observations, interactions between the decedent and others who may have been in contact with the decedent around the time that the will was signed.   It is usually necessary to retain a medical expert to review the testator’s medical records and render an opinion, based on that review, that the testator lacked testamentary capacity.

There will be a presumption that the decedent did have testamentary capacity when the will was signed. As a result, the burden of proof will be on the person contesting the will to show that the testator lacked testamentary capacity.

What is Undue Influence in a Will Contest?

Undue influence occurs when someone overpowers the free will of a testator and substitutes their own wishes for those of the person making the will. Stated differently, undue influence can be shown if it can be shown that a testator would not have left assets to a person except for the control that such person exerted over the testator.

Undue influence can take many forms:

• The often-heard situation in which a young woman becomes a close companion with an elderly wealthy man for the sole purpose of inheriting great wealth after the man dies. These situations can be complex, and often depend upon whether the elderly man was exercising his free will in providing for the younger woman after his death.
• A caregiver who conditions their assistance on being named in the will, or threatens harm to an individual if they are not included in a will.
• An adult child who isolates a parent from other family members and “poisons” their view of siblings, such as by telling the parent lies about the other siblings so that the parent will leave all of their estate to them.

These are only a few examples of possible undue influence.

Whether undue influence existed is a question of fact for the court to determine based upon the evidence presented at trial.  Under Massachusetts law, if the person accused of undue influence stood in a fiduciary relationship (“legalese” for a position of trust) to the decedent and benefitted from the will, the burden of proof may shift to that person to disprove undue influence. This is an important procedural advantage that an experienced will contest attorney can help you use effectively.

What Specific Criteria do Massachusetts Courts Use When Considering Undue Influence?

In Massachusetts, courts will generally consider the following to determine whether undue influence existed:

• Was the person who made the will susceptible to undue influence? Normally, this will take into account matters such as whether the person was elderly, whether they were suffering from physical illnesses or frailty, if they were experiencing cognitive issues, whether they were being isolated from family or friends, or whether their judgment was potentially impaired by medications they were taking.
• Did the person allegedly exerting undue influence have special control and opportunity over the testator? Such persons can include caretakers, those with financial control, or those who have the ability to isolate the testator.
• Did the person allegedly exerting undue influence have motivation to exert influence over the testator, and did they stand to gain by a change in a will? Frequently someone who is alleged to have undue influence potential may be suffering from poor financial circumstances, or they may be greedy and simply looking for a windfall inheritance. They may also play a role in arranging a new will to be drafted, such as by hiring an attorney for a new will.
• Does the result that occurred support the inference of undue influence? Certainly if the person allegedly involved in undue influence stood to receive a large inheritance because of the will, a case can be made.

For more detailed information on undue influence, please the undue influence section of our Massachusetts Will and Inheritance Contest Guide.

What Constitutes Fraud in a Will Contest?

A will may be challenged on the grounds of fraud if the testator was deceived into signing a document they did not know to be a will, or if they were given false information that directly affected how they chose to dispose of their estate. As an example, if a person who had cognitive impairment believed they were signing a document transferring title to a car that they no longer used when instead they were executing a will, this would be an example of fraud.

Fraud can be difficult to prove, but it is a recognized basis for invaliding a will under Massachusetts law, and I have experience identifying the facts that support this type of claim.

What Constitutes Revocation of a Prior Will?

Sometimes a decedent may have signed more than one will. In these circumstances, there may be a question about which will governs, whether a later will properly revoked an earlier one, or even if there is a valid will.

Whether there was a proper revocation of an earlier will is important if a later will is found to be invalid. When this occurs, many of the same questions arise as to the testator’s mental capacity or whether there was undue influence in revoking an earlier will.

In this situation, there will normally be one of two outcomes:

• It will be determined that the earlier will was not properly revoked, in which case that will govern the distribution of assets, or
• The earlier will was properly revoked, in which case the decedent may be deemed to have died intestate.