Last Will and Testament in Massachusetts
A simple will form for straightforward estates. A will is valid only if it is signed and witnessed exactly as your state requires (below); one that is not executed correctly may be ignored by the court. Larger estates, blended families, trusts for minor children or business interests are worth a lawyer's review.
What Massachusetts law says
| 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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| 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 |
| 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 |
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LAST WILL AND TESTAMENT OF [your full name]
I, [your full name], of [city, county and state], being of sound mind, make this my will and revoke all earlier wills and codicils.
1. Executor. I name [executor name] as personal representative (executor). If they cannot serve, I name [alternate executor name].
2. Specific gifts. I give [item or amount] to [beneficiary name].
3. Everything else. I give the rest of my property to [beneficiaries and shares]. If a beneficiary does not survive me by 30 days, their share goes to [alternate beneficiary].
4. Guardian. If I have minor children, I name [guardian name] as guardian, and [alternate guardian name] as alternate.
Signed on [date signed] at [city and state]. Signature: ____________________
Witnesses: we signed below in the presence of the person making this will and of each other, as required by state law. Witness 1: [witness 1 name and address] ____________ Witness 2: [witness 2 name and address] ____________
[Notary or self-proving affidavit, if your state provides one]
Last Will and Testament for other states · Massachusetts tenant rights
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.