How to Make a Valid Will in Massachusetts
Massachusetts has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in MA.
Massachusetts Will Requirements at a Glance
Who Can Make a Will in Massachusetts?
You must be at least 18 years old to make a will in Massachusetts. No statutory exceptions for minors. The testator must be of sound mind, understanding the nature and extent of their property, the natural objects of their bounty, and the disposition being made
Signing Requirements
Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another person may sign in the testator's conscious presence and by the testator's direction (MGL c. 190B § 2-502).
Witness Requirements in Massachusetts
Massachusetts requires 2 witnesses. Must be competent individuals. Each witness must sign within a reasonable time after witnessing either the signing of the will or the testator's acknowledgment of the signature or the will.
Interested witnesses: An interested witness does not invalidate the will under Massachusetts UPC approach (MGL c. 190B § 2-505)
Notarization in Massachusetts
Notarization is not required for a will to be valid in Massachusetts. Not required for validity; used for self-proving affidavit
Self-Proving Affidavit
Massachusetts allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign an affidavit before a notary public (MGL c. 190B § 2-504)
Handwritten (Holographic) Wills
Massachusetts does not recognize holographic wills. Holographic wills are not recognized in Massachusetts
Electronic Wills
Massachusetts does not currently recognize electronic wills. Massachusetts does not currently have an electronic wills statute. During COVID-19, temporary measures allowed remote witnessing but these have expired
How to Revoke a Will in Massachusetts
In Massachusetts, a will can be revoked by:
- •Executing a subsequent will that revokes the previous will expressly or by inconsistency
- •Performing a revocatory act on the will by the testator or by another in the testator's conscious presence and at their direction
MGL c. 190B § 2-507
Special Provisions in Massachusetts
Massachusetts is a separate property/common law state. Surviving spouse has an elective share. Massachusetts adopted the Uniform Probate Code in 2012. Divorce automatically revokes dispositions to the former spouse (MGL c. 190B § 2-804)
Relevant Massachusetts Statutes
- MGL c. 190B § 2-501 (Who may make a will)
- MGL c. 190B § 2-502 (Execution; witnessed wills)
- MGL c. 190B § 2-504 (Self-proved will)
- MGL c. 190B § 2-507 (Revocation)
- MGL c. 190B § 2-202 (Elective share)
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