Massachusetts Will Contests & Probate Litigation

While many probate cases proceed smoothly, disputes can arise, creating a painful and often contentious situation for families. At Percy Law Group, PC, we understand that these conflicts can threaten a loved one’s legacy and tear families apart. Our compassionate and experienced team is prepared to represent you in probate litigation, whether you are challenging a will or defending a loved one’s final wishes against a contest. We provide skilled legal advocacy to resolve these complex matters and protect your interests.

Probate litigation can arise from a number of complex issues, including:

• Will Contests: A will may be contested for several reasons, and proving these claims requires substantial evidence and a skilled legal team. In Massachusetts, common grounds for challenging a will include:
  • Lack of Testamentary Capacity: The person who created the will lacked the mental capacity to understand what they were doing at the time of signing. This is often an issue in cases involving dementia, severe illness, or diminished mental state.
  • Undue Influence: A person was pressured or coerced by another individual into creating a will that benefits the influencer. This is a common claim in cases where a dependent or vulnerable person is isolated and manipulated.
  • Improper Execution: The will was not signed or witnessed according to Massachusetts legal requirements. For instance, if a witness was a beneficiary, the will might be invalid.
  • Fraud or Forgery: The will was forged or created through fraudulent means, where a person was misled about the nature of the document they were signing.
• Breach of Fiduciary Duty: This occurs when an executor, administrator, or personal representative mismanages the estate, abuses their authority, or acts in a way that harms the beneficiaries. Examples include embezzling funds, failing to provide a proper accounting, or selling assets for less than their market value.
• Trust Disputes: Disputes can also arise over the administration or validity of a trust. These often involve disagreements over a trustee's actions, a lack of communication, or the interpretation of the trust's terms.

When a dispute arises, it's crucial to have a knowledgeable and assertive attorney on your side. We have extensive experience in probate and estate litigation, and we are prepared to represent your interests in court. Our approach is to first explore all options for a swift and fair resolution, including negotiation and mediation, to minimize cost and emotional strain. However, if a settlement is not possible, we will vigorously litigate on your behalf to protect your rights and the integrity of the estate. Our goal is to achieve the best possible outcome for you, ensuring that your loved one’s true wishes are honored and their legacy is protected.