Legal Question in Wills and Trusts in Massachusetts

My mother recently re did her Will for atleast the 5th + time. Now with 4 children all named as beneficiaries she has added 1 of her 11 grandchildren as a beneficiary. Is this grounds for a successful Contesting by either one of her children or grandchildren or is this a case of tough luck?


Asked on 6/07/10, 8:56 am

2 Answers from Attorneys

Alexandra Golden Golden Law Center

Will contests are not easy to win, and they can be expensive. The only grounds for challenging a will are undue influence by your mother by someone with something to gain, fraud, or lack of mental capacity. Otherwise, if your mother was reasonably sound-minded when she signed her will, then the document will likely withstand the challenge.

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Answered on 6/07/10, 12:03 pm

Any one can contest a Will but you need valid grounds, undue influence, fraud, or lack of mental capacity. Challenges are difficult and expensive in most cases and are for the most part difficult to win.

My first question is why did she recently redo her Will?

Who took her to get her Will changed, if any one?

How old is your mother and is she in sound mind and not subject to being easily influenced.

Good Luck

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Answered on 6/07/10, 12:09 pm


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