In Massachusetts, ensuring your final wishes are respected requires understanding the specific requirements for a valid will. This article provides a comprehensive guide to those requirements, helping you understand the process with confidence. Let’s dive in!

According to Mass. Gen. Laws ch. 190B § 2-502, a valid will must be in writing, signed, and witnessed by two people. A will must be in writing because courts want to avoid people devising assets verbally—putting it in writing is much more reliable. A will also must be signed and witnessed in order to create evidence that the will-maker (the Testator) intended to create the will and that it accurately reflects their wishes. The signature and witness requirements help to prevent fraud, coercion, or undue influence, and they provide a clear record of the will’s execution.

So, who may witness a will in Massachusetts? According to Mass. Gen. Laws ch. 190B § 2-505, the witnesses should be competent and disinterested in the will. A disinterested witness simply means they do not inherit anything from the will. However, it’s not automatically invalid if the witness is interested (and inherits something), but there will need to be two additional witnesses who are disinterested. An interested witness who benefits from a will also includes the spouse of someone.
For example, let’s say John (the will-maker) devises all of his estate to his son Tom. The witnesses to the will are Mary and Tom. Since Tom is an interested witness, there will need to be one additional witness who is disinterested, so Jane jumps in and also witnesses the signing of the will. Tom, Mary, and Jane all witness the will. Since Mary and Jane are both not Tom’s spouses and do not receive anything from the will, they are disinterested.

No—notarization is not required for a will to be considered valid. However, creating a “self-proving will” (having specific language notarized within the will) can help bolster the enforceability of the document and also expedite the probate process if there are any questions of validity. If your will is self-proved, then a probate court doesn’t need to call in the subscribing witnesses to verify you were of sound mind, 18+, and not under constraint to sign the document because, effectively, the Testator (the will-maker) and the notary public have already done.

As you can see, the requirements for a valid will in Massachusetts are simple: the Testator must be of sound mind and 18 or older, and the will must be in writing, signed, and witnessed by two disinterested witnesses. Easy peasy! If you want to take it a step further, you can execute a “self-proving will,” which includes specific language and notarization. This can expedite the probate process and protect against certain claims against your will. Ultimately, taking the time to create a legally sound will in Massachusetts offers invaluable peace of mind, ensuring your wishes are respected and your loved ones are protected.