Massachusetts Probate Cases Involving a Lost Will: Evidentiary Presumptions Rise Again
What happens in Massachusetts when someone dies but their will can’t be found?
This question was recently addressed by the Massachusetts Supreme Judicial Court (SJC) in the Matter of the Estate of Marc R. Beauregard. Beauregard who died at age 40, unmarried, and childless, lived at the same address as Steven Knight.
Beauregard’s father was appointed as administrator of his estate, but Knight filed a petition to probate a “copy” of a will where significant property was left to Knight. Beauregard’s parents and siblings objected to Knight’s filing of the copy and litigation ensued.
The probate trial judge found Beauregard had, in fact, executed a will which had been witnessed by two persons in accordance with M.G.L. c. 191, § 1, and had kept the original himself. Five weeks after the will was executed, however, Beauregard was murdered. No will was found.
