Under Massachusetts law, a will that meets certain requirements - including proper notarization - is “self proved”. You should definitely have your will notarized. Holographic wills offer some convenience, but they come with the risk of making mistakes that could leave a will invalid. In addition, Massachusetts allows a will to be made without witnesses if it is written by hand by the testator and signed at the end. (3) signed by at least 2 individuals, each of whom witnessed either the signing of the will as described in paragraph (2) or the testator’s acknowledgment of that signature or acknowledgment of the will.Īlthough there are various exceptions and special rules, these are the standard requirements for Massachusetts wills. (2) signed by the testator or in the testator’s name by some other individual in the testator’s conscious presence and by the testator’s direction and Regarding the will itself, the standard requirements are set forth in M.G.L. If a testator believes there might be any doubt as to his or her mental capacity at the time of the signing, a letter from a doctor affirming mental competence generally can be included with the will. Even a person with dementia or Alzheimer’s may be deemed to have a sound mind, if lucid at the moment of signing. More specifically, it means that at the time the will is made, you understand that you’re creating a will, the nature of the property you own, and to whom you’re leaving your property. Sound mind generally means that you’re aware of your actions when creating the will. Testator RequirementsĪn individual 18 or more years of age who is of sound mind may make a will.
There are requirements for both the person making the will (called a “testator”), and for the will itself. To make a valid will in Massachusetts, certain legal requirements must be met. Making a Will in Massachusetts Massachusetts Will Requirements