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Massachusetts Requirements to Create a Valid Will

Sep 14, 2023

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1. **Age and Capacity**: The testator (person making the will) must be at least 18 years old and of sound mind. Being of "sound mind" typically means that the testator understands the nature of the will, the extent of their property, and the identities of those who are to inherit.


2. **Writing**: The will must be in writing. This can be typed or handwritten.


3. **Witnesses**: The will must be signed by at least two credible witnesses. These witnesses must see the testator sign the will or acknowledge the signature, and then they must sign the will themselves.


4. **Signature**: The testator must sign the will. If the testator cannot physically sign, another person can sign on the testator's behalf, but this must be done in the testator's presence and at their direction.


5. **Holographic Wills**: Massachusetts does not generally recognize holographic wills (wills that are entirely in the testator's handwriting) unless they meet the formal witnessing requirements.


6. **Revoking or Changing the Will**: A will or any part of it can be revoked by the testator at any time before their death, as long as they are of sound mind. This can be done by creating a new will, creating a codicil (an amendment to the will), or by physically destroying the will (e.g., burning, tearing, or otherwise mutilating it with the intent to revoke).


7. **Self-Proving Affidavit**: Massachusetts does not have a statutory provision for making a will "self-proved." However, a will can still be admitted to probate without the testimony of witnesses if it is properly executed and if the court is satisfied with its authenticity.


8. **Property Disposition**: While not a requirement for a valid will, it's essential to be clear about how you want your property distributed. If certain provisions of the will are found to be invalid, those portions of the estate may be distributed according to Massachusetts's intestacy laws.


9. **Digital Assets**: It's a good idea to consider digital assets when creating a will. While specific provisions might not be outlined in the basic requirements for a will, addressing digital assets and providing clear instructions on how they should be handled can be crucial.


10. **Special Provisions for Non-Residents**: Non-residents can create a valid will in Massachusetts if the will is executed in compliance with Massachusetts's laws, the laws of the place where the will was executed, or the laws of the place where the testator was domiciled when the will was executed or at the time of death.


It's crucial to consult with an attorney familiar with Massachusetts's estate planning laws when creating a will. This ensures that your wishes are accurately and legally documented and that your assets are distributed according to your intentions. Laws and regulations can change, so always check for the most up-to-date information or consult with a legal professional.

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