{"id":374043,"date":"2016-03-31T21:35:32","date_gmt":"2016-04-01T02:35:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/massachusetts-law\/massachusetts-wills-laws.html"},"modified":"2023-04-18T13:16:21","modified_gmt":"2023-04-18T18:16:21","slug":"massachusetts-wills-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/massachusetts-law\/massachusetts-wills-laws.html","title":{"rendered":"Massachusetts Wills Laws"},"content":{"rendered":"\n
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Massachusetts Wills Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

A will is a legally binding document or oral statement (allowed in limited circumstances) that outlines an individual’s after-death plans for his or her property and affairs. For example, a person’s will might declare that his prized car collection should be split equally among his three siblings and that he would like his ashes deposited in the Atlantic Ocean. Massachusetts wills laws<\/a> are similar to wills laws in other states, and the commonwealth has enacted the Massachusetts Uniform Probate Code.<\/p>\r\n

The main provisions of Massachusetts’ wills laws are listed in the table below. See FindLaw’s Wills<\/a> section and the links at the end of this article for additional articles and resources.<\/p>\r\n\r\n

Code Section<\/b><\/p>\r\n<\/td>\r\n

Massachusetts\u2019 wills laws are governed by Massachusetts General Laws Chapters 190B and 191.<\/p>\r\n<\/td>\r\n<\/tr>

Age of Testator<\/b><\/p>\r\n<\/td>\r\n

A person who makes a will is known as a testator. The testator must be eighteen years or older and have the proper mental capacity.<\/p>\r\n<\/td>\r\n<\/tr>

Testator\u2019s Signature<\/b><\/td>\r\n

Generally, the will must be in writing and signed by the testator or by another person in the testator\u2019s conscious presence and at his or her direction<\/p>\r\n<\/td>\r\n<\/tr>

Number of Witnesses<\/b><\/td>\r\n

Two or more competent individuals must witness the testator sign the will or witness the testator\u2019s acknowledgment of the signature or will. If an interested witness (someone who will benefit from the will) signs the will, the will is still valid so long as the following applies:<\/p>\r\n

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  • There are two other non-interested witnesses who sigh the will; or<\/li>\r\n
  • The interested witness proves the portion of the will containing the gift was not inserted and the testator did not sign the will as a result of fraud or undue influence.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Nuncupative (Oral Wills)<\/b><\/td>\r\nSoldiers in actual service or mariner at sea may make nuncupative will of personal property.<\/td>\r\n<\/tr>

Revoking a Will<\/b><\/p>\r\n<\/td>\r\n

A testator may a revoke all or part of a will by doing the following: