Will Compromises

Will compromises frequently fall into the after death estate planning category. They also should be thought of in the context of will contests. In both cases, a will compromise may be a way to resolve problems associated with a will. To learn how a lawyer might help solve disputes over an estate using a will compromise, contact our Boston law firm, Taylor, Ganson & Perrin, LLP.

Our attorneys have been assisting clients with all matters related to trusts and estates since 1935. We use this experience to provide clients with sound advice and seasoned representation when they find themselves involved in a conflict over a will. Will compromises are one way of addressing such conflicts, and frequently result in a settlement that is closer to the testator's intent than the original document.

Will compromises can be a solution to disputes that could lead to probate litigation.

People of standing under an estate may contest a will for reasons related to the validity of the testamentary document, including:

• Arguing that the will has been superseded by a more up to date will
• Demonstrating that the testator was incompetent
• Will written under duress or undue influence
• Procedural problems, such as lack of properly or legally witnessed

In addition, there is sometimes litigation between beneficiaries objecting to a provision or interpretation of the will and asking that the terms of the will be changed. In all of these situations, our attorneys work with heirs to develop a compromise that changes the terms of the will.

This approach to resolving will contests comes with a major limitation: the parties must be able to arrive at an acceptable solution to the dispute cooperatively. Even if the interested parties are wholly cooperative and develop a compromise position with the assistance of a lawyer, the court may not allow the will compromise. That is why it is important to consult with an estate and trust lawyer with experience drafting will compromise proposals that are accepted by the probate courts of the Commonwealth.

Our lawyers are sensitive to the potential for will contests to be destructive in circumstances that may already be tense after the death of a loved one. To learn more about will compromises and how they may be a good alternative to expensive and hurtful litigation, contact our Boston law firm, Taylor, Ganson & Perrin, LLP.