How to Make a Valid Will in Massachusetts
What Massachusetts law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: An individual 18 or older who is of sound mind may make a will. The will must be in writing, signed by the testator (or by someone else in the testator's conscious presence and at the testator's direction), and signed by at least 2 witnesses who each saw the testator sign or acknowledge… M.G.L. c. 190B, §§ 2-501, 2-502
| Requirements for a valid will | An individual 18 or older who is of sound mind may make a will. The will must be in writing, signed by the testator (or by someone else in the testator's conscious presence and at the testator's direction), and signed by at least 2 witnesses who each saw the testator sign or acknowledge the signature or the will. Age and capacity: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section2-501 Source: M.G.L. c. 190B, §§ 2-501, 2-502 |
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| Handwritten (holographic) wills | Massachusetts law has no exception for handwritten (holographic) wills. A handwritten will must be signed by 2 witnesses like any other will. The section that would set out a harmless-error rule (§ 2-503) is reserved in Massachusetts: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section2-503. Source: M.G.L. c. 190B, § 2-502 |
| Self-proving affidavit | Yes. A will can be made self-proved when signed, or later, by the testator's acknowledgment and the witnesses' affidavits before a notary or other officer authorized to administer oaths, using the certificate wording in the statute, under the officer's seal. Source: M.G.L. c. 190B, § 2-504 |
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FAQ
What makes a will valid in Massachusetts?
An individual 18 or older who is of sound mind may make a will. The will must be in writing, signed by the testator (or by someone else in the testator's conscious presence and at the testator's direction), and signed by at least 2 witnesses who each saw the testator sign or acknowledge the signature or the will.
Is a handwritten will valid in Massachusetts?
Massachusetts law has no exception for handwritten (holographic) wills. A handwritten will must be signed by 2 witnesses like any other will.
Does a will need to be notarized in Massachusetts?
Yes. A will can be made self-proved when signed, or later, by the testator's acknowledgment and the witnesses' affidavits before a notary or other officer authorized to administer oaths, using the certificate wording in the statute, under the officer's seal.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.