What are the applicable statutes of limitations for contesting a will?
In Massachusetts, the applicable statutes of limitations (time limits) for contesting a will depend on the circumstances of the contestation. Generally, a contest to a will must be brought within six months of the probate of the will, or within three years of the decedent’s date of death, whichever is later. However, if a contest is based on fraud, duress, or undue influence, the statute of limitations is three years from the date that the fraud, duress, or undue influence is discovered. In situations where there has been fraud, duress, or undue influence, the person contesting the will has three years from the date they discover such activity. It is important to note, however, that this time limit begins to run upon discovery of the fraud, duress, or undue influence, not necessarily when the original event occurred. If the person contesting the will is a minor, then the statute of limitations extends to three years from the date he or she turns 18. The same is true for those contesting the will who are of unsound mind. Additionally, if the person contesting the will will only discover the fraud, duress, or undue influence after he or she turns 18, then the statute of limitations will begin to run three years from the date of such discovery. In all cases, it is recommended that anyone considering contesting a will contact a qualified estate planning attorney to discuss their options and review the applicable statutes of limitations that pertain to their situation.
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