Massachusetts Last Will and Testament Template

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A Massachusetts Last Will and Testament is a legally-binding document in which an individual, known as the “Testator,” details written instructions on how their estate shall be distributed upon their death. Property/assets– such as financial accounts, fiduciary funds, life insurance policies, as well as real, personal, and even digital property– can all be bequeathed to beneficiaries as stipulated on the testator’s will. A testator ensures peace of mind when creating this document since it protects their estate and transfers the designated amounts to the appropriate individuals; beneficiaries of the testator’s will are usually their spouses, children, friends, blood relatives, and, in some cases, organizations. A will must be signed by the testator in the presence of two (2) or more witnesses. Both these witnesses will also provide their signatories after attestation. Though optional, a testator can choose to have their will notarized by a state-authorized notary public.

Table of Contents

Laws

Definition – (Section 1-201(57)) – ”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.

Signing Requirements (Section 2-502) – Signed by at least two (2) individual, competent Witnesses.

Statutes – Chapter 190B (Massachusetts Uniform Probate Code)

(Video) How to Make a Will in Massachusetts

How to Write

Step 1 – Establish Testator -Write or type the full legal name of the testator (the person for whom the will is being established) at the top of the document. You must then enter the following information:

  • Name of Testator
  • City of Residence
  • County of Residence
  • Testator must carefully review the remainder of the paragraph as well as the Expenses and Taxes section

Step 2 – Nomination and Appointment of Personal Representative (Executor)–

  • Enter the full legal name of the executor
  • Name of executor’s city
  • County
  • State

Alternate Exectutor – just in the event the initial representative becomes unable,ill or for whatever reason, unwilling to serve as the initial chosen representative to the estate

  • Enter the full legal name of the alternate executor
  • Name of executor’s city
  • County
  • State

Step 3 – Disposition of Property to Beneficiaries –

1 st Beneficiary 

  • Full legal name
  • Current address
  • Relation to testator
  • Enter the last four digits of their SSN
  • Enter the property being bequeathed
  • AND

2nd Beneficiary –

  • Full legal name
  • Current address
  • Relation to testator
  • Enter the last four digits of SSN
  • Enter the property being bequeathed
  • AND

3d Beneficiary –

  • Full legal name
  • Current address
  • Relation to testator
  • Enter the last four digits of SSN
  • Enter the property being bequeathed

The Testator must read the remaining portion of the information pertaining to how property is distributed in the event any member of their group of beneficiaries may pre-decease the testator.

Step 4 – Testator must carefully review the following sections prior to any application of signatures:

  • Omission
  • Bond
  • Discretionary Powers of Personal Representative A through K
  • Contesting Beneficiary
  • Guardian Ad Litem  Not Required
  • Gender
  • Assignment
  • Governing Law
  • Binding Arrangement

Step 5 – Signatures/Witnesses – All signatories must be present prior to any signing of this documentation. Enter the following:

  • Enter the testator’s name
  • Date of testator’s signature in dd/mm/yyyy format
  • Testator Signature
  • Testator (Printed Name)

Witnesses – The witnesses must review the brief statement –

  • Date the document in dd/mm/yyyy format
  • Enter the name of the testator

Witness 1 – 

  • Witness Signature
  • Address

Witness 2 –

  • Witness Signature
  • Address

Step 6 – Testament Affidavit – All parties must review the affidavit and complete the following:

  • State
  • County
  • Name of testator
  • Name of Witness 1
  • Name of Witness 2
  • AND ENTER
  • Testator Signature
  • Witness 1 Signature
  • Witness 2 Signature

Step 7 (Optional) – Notarization – As the notary public has witnessed all signatures they shall complete the remainder of the document and authenticate it by affixing their commission and state seal.

Related Forms

Advance Directive

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Durable (Financial) Power of Attorney

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