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Massachusetts Last Will and Testament

A Massachusetts last will and testament is a legally binding document used by an individual ("testator") to outline how their estate should be distributed upon their death.
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Updated February 15, 2025

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Who can make a will?

An individual who is 18 or older and of sound mind.[1]

Signing Requirements

The will must be signed by at least two competent witnesses.[2]

A competent individual, including an interested party, may act as a witness. However, unless there are at least two additional witnesses, an interested party who acts as a witness may lose their interest in the will.[3]

State Definition

“Will” includes codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.[4]

Sample

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Sources

  1. Mass. Gen. Laws ch. 190B § 2-501
  2. Mass. Gen. Laws ch. 190B § 2-502(a)(3)
  3. Mass. Gen. Laws ch. 190B § 2-505
  4. Mass. Gen. Laws ch. 190B § 1-201(57)