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  • Resources
    • Irrevocable Trust right for me?
    • Post-Death Administration
      • After death steps
        • WHAT IS PROBATE AND HOW TO AVOID IT
        • After a Death Steps
        • Breaking a Will in Massachusetts
    • How to change your will or trust
    • Estate Planning Services
    • Our Plain English Approach
    • Durable Power of Attorney
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    • Update existing will or trust
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Contest a Will in Massachusetts


Breaking a will means to debate its' validity. ​It doesn't happen often, despite a rumor that it does.

​The person contesting the will claims that you signed it but: ​
​
  • you did not know what you were signing
  •  someone put intense pressure on your to leave it in a way that benefited them

​Many times the will's contester received less than they expected. 

​It doesn't happen as often as many people think that it does, in less than 1% of the post-death cases.

Huge hurdles to contest a will

In most situations, no one feels the will treats them unfairly. In the great majority of the time, the children or others were fairly provided for in the documents.

One hurdle is social:  If you bring a lawsuit against a family member's will, a family member may take offense. As wrong meddling. Remember, contesting a will is a lawsuit.

Another hurdle is cost: Legal fees and court fees can be significant. Of any type, lawsuits cost thousands of dollars. And the person contesting the will has no guarantee of success.

The law has obstacles: Most importantly, the law demands adequate proof of a claim to move forward with a claim.

Because of the law's reluctance to allow upsets of wills, many claims are either settled or do not go to trial.

​RETURN to Post Death Administration Services page ​
Massachusetts Wills & Trusts

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(781) 863-8606  |  joel@jbernsteinlaw.com

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Most middle-aged people aren’t ready for their inevitable death. We make estate planning simple, affordable, and quick. So people can live in peace, knowing their affairs are in order.

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  • ABOUT
  • SERVICES
  • FAQ
  • Testimonials
  • BLOG
  • Resources
    • Irrevocable Trust right for me?
    • Post-Death Administration
      • After death steps
        • WHAT IS PROBATE AND HOW TO AVOID IT
        • After a Death Steps
        • Breaking a Will in Massachusetts
    • How to change your will or trust
    • Estate Planning Services
    • Our Plain English Approach
    • Durable Power of Attorney
    • Beneficiary with a problem
    • Update existing will or trust
    • Estate Planning Guide
    • Living Trusts
    • Wills Explained
    • About Attorney Joel Bernstein
      • 3 steps
  • COURSE