Massachusetts Last Will & Testament Information

A Last Will & Testament in Massachusetts permit the testator, to provide for a spouse, children, loved ones, and pets after his death as well as to name a personal representative for the estate. A Massachusetts living will, or health care proxy, provides instructions should you become incapacitated and incapable of making decisions regarding your medical care.

A Massachusetts Last Will & Testament includes the following requirements: 

  • The testator must be eighteen years old or older.  

  • They must also be of ‘sound mind’.​

  • The Will must be signed by the testator or by someone else in their name (provided it is done under the testator’s direction and in their presence). 

  • The signing of the Will requires at least two witnesses in order to make it valid. The witnesses should not be beneficiaries.​

  • Another requirement to make the Will valid is that it must be in written format.​

  • A Massachusetts resident may bequeath their assets to any beneficiaries.

 

Other recognized wills in Massachusetts include nuncupative (oral) wills, but only if made by a mariner at sea or a person in active military service to dispose of personal property.

Click here if you have any questions about creating a last will in Massachusetts.

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