Do I have grounds to contest my uncle’s Willif does not name me as beneficiary?

UPDATED: Mar 5, 2012

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Do I have grounds to contest my uncle’s Willif does not name me as beneficiary?

My aunt left her entire estate to her ex-husband. I was named beneficiary if her ex-husband did not survive. I did not contest the ill at the time because my uncle said “he did not want anything”. I had known this man for 44 years and had no reason to not believe him. My uncle passed away approximately 1 year after my aunt’s estate closed. Upon reading my uncle’s ill, I am having a difficult time with the fact that my aunt’s estate will be passed to others outside our family. I believe I have “standing”, in that I believe without a Will, as his nephew I would be in line.

Asked on March 5, 2012 under Estate Planning, Massachusetts


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  Even though you may indeed have sanding to contest the Will, you still need a basis to do so. Generally parties contest a Will when there has been undue influence or if a person was not of sound mind at the time that the Will was made.  But being unhappy with the outcome is not a basis.  A person can leave their estate to whom ever they wish.  Speak with a lawyer in your area.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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