Legal Question in Wills and Trusts in Massachusetts
My mother has had a will for many years with a no contest clause that states anyone who contested it will not receive anything. The entire estate was to be divided among three children. Now, years later and a moderate case of dementia my mother has decided that she dislikes one sibling and has changed the will but the no contest clause remains. Can the sibling contest this will without the possibility of losing her share.
2 Answers from Attorneys
Possibly. The answer will depend on proving that she did not have the capacity -- the mental ability -- to understand the meaning of what she was doing at the time the will was signed. These kind of cases can be expensive (both in terms of time and money) to prove, and it is not unusual for the parties to settle and agree to give the person who got cut out of the will a share of the estate rather than go to trial.
If you can demonstrate lack of mental capacity or undue influence, you can challenge and not be prohibited from receiving under the Will. However, if you lose, you will get nothing.
This kind of case is usually expensive. If your siblings are willing to compromise the Will, it will be easier to get the Will changed. If they are not, then you have a win or lose option.
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