Breaking a will means to contest the validity of it. ​When it happens, it is unusual.

​The person contesting the will claims that you signed it but:

• you did not know what they were doing
• someone put pressure on your to leave it in a way that benefited them

​Many times the person contesting the will was given much less than they expected. 

Contesting a will in Massachusetts in not frequent

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 believes they were unfairly treated in a will. 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, alive or dead, some or all other family members may take real affront to what they perceive as meddling.

Another hurdle is cost: Legal fees and court fees can be significant. Usually, thousands of dollars are involved. And the person contesting the will has no guarantee of success.

Another hurdle is the law contains obstacles: The law itself has rules to require adequate proof of a claim to move forward with a claim.

Due to the law's reluctance to allow successful claims that a will is invalid, many claims are either settled or do not go to trial.

​RETURN to Post Death Administration Services page