Updated March 16, 2023
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.
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Laws
Signing Requirements
Signed by at least two (2) individual, competent Witnesses. (Section 2-502)
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.
Related Forms
Download: Adobe PDF
Durable (Financial) Power of Attorney
Download: Adobe PDF