Mass. Supp. R. Prob. & Fam. Ct. 406

As amended through August 14, 2024

Rule 406 - Allowance for Fees, Costs, and Expenses

An application by a party for an allowance from the other party to prosecute or defend a complaint shall contain a statement that the party intends in good faith to defend or prosecute such complaint, and shall be accompanied by a certificate of the party's attorney that the attorney believes such statement to be true. The judge shall review the financial statements of the parties and other relevant evidence, including affidavits, and shall order an allowance, if appropriate, for counsel fees and necessary expenses. If such allowance is granted, it shall be paid as the court may direct.

As amended October 29, 1992, effective 1/1/1993;12/14/2011, effective 1/2/2012.

Comment: This rule restates, with one modification, Probate Rule 47.