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In the case of Walton v. Walton the Massachusetts Court of Appeals finds that in terrorem clause in will was not triggered by action to determine the will’s meaning.
Some wills contain so-called “in terrorem” or “no contest” clauses that disinherit any heir who challenges the will or probate proceedings. These clauses may be written narrowly, only penalizing challenges to the validity of the will and its provisions, or more broadly, penalizing objections to the choice of personal representative.
The Massachusetts SJC rules in Thomas Gibney v. John A. Hossack, et al., that anti-lapse statute does not trump a will provision giving a bequest to someone only “if she survives me.”
In In Re: The Estate of Jean Olson the Massachusetts Appeals Court rules that in narrow circumstances extrinsic evidence may be presented to establish that an unsigned document is meant to serve as the decedent’s will.
In the case of Estate of Vincent Antanavich, the Massachusetts Probate Court rejects most claims to a will challenge because the required affidavit fails to allege sufficient facts to support its claims.
While it can make sense for a will to direct that all estate property be sold and the proceeds distributed, it can also result in higher capital gains taxes for the beneficiaries.
Even without notarization, wills can be proved with extrinsic evidence, but at great cost and delay. Margolis & Bloom, Wellesley and Boston, MA, 02481.
Here are various work arounds for executing estate planning documents during the coronavirus shutdown. Margolis & Bloom, Wellesley, MA, 781-705-6400.
Beta testers of The Estate Project get half off wills, durable powers of attorney, health care proxies, HIPAA releases and standby guardianship appointments.
With the growth of blended families, having an estate plan in place becomes even more important. Be sure to consult an attorney at Margolis & Bloom if you have any questions. Call us at 781-705-6400.
