According to a recent opinion by the Massachusetts Appeals Court, those seeking to authentic a last will and testament may use extrinsic evidence such as handwriting samples.
The ruling was made after a probate court judge in Middlesex County refused to permit such evidence during a trial.
The opinion states:
“By denying [the appellant] the opportunity to present extrinsic evidence for consideration in determining proper execution of the will, the judge deprived [him] of a ‘full and fair hearing upon the whole evidence’ in violation of due process…We do not here decide whether the extrinsic evidence proffered by [the appellant] was sufficient to prove the validity of the will, but rather conclude only that the judge erred in restricting [his] presentation to that evidence in violation of G.L. c. 19B, Section 3-406. Therefore, [the appellant] must be provided the opportunity to present admissible ‘other evidence’ to prove the will as instructed by the statute, and may do so without the aid of expert testimony. In addition, the judge may revisit the issue of permitting expert testimony on the subject.”
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