How Can I Make My Will Legally Valid?

Creating a legally valid will is a fundamental aspect of estate planning. At Jordan & White, LLC, we understand the importance of this process and are committed to guiding you through every step. This blog post aims to provide clear and practical information on making your will legally valid, ensuring your wishes are honored and your family is protected.

Understanding the Basics of a Valid Will in Massachusetts

A will is more than just a document; it’s a reflection of your wishes for the distribution of your assets and the care of your loved ones after you’re gone. In Massachusetts, certain basic requirements must be met for a will to be considered valid. These include being at least 18 years old; being of sound mind; and ensuring the will is written, signed, and witnessed. Our role at Jordan & White, LLC is to help ensure that these legal criteria are not just met, but that your will also reflects your personal intentions and circumstances.

Ensuring Your Will Reflects Your Wishes

The heart of a valid will lies in its ability to accurately reflect your wishes. This means clear language and specific details about asset distribution, guardianship for minor children, and any other personal directives. We encourage open discussions and thoughtful consideration in drafting your will, making sure it aligns with your values and goals.

The Importance of Witnesses and Notarization

In Massachusetts, your will must be signed in the presence of two witnesses, who also sign the document. While notarization isn’t a legal requirement for a will’s validity, it can be beneficial. A notarized will, known as a ‘self-proving’ will, can simplify and expedite the probate process. Our team at Jordan & White, LLC can guide you through these steps, ensuring all legalities are smoothly handled.

When it comes to ensuring that your will is legally recognized and effectively executed in Massachusetts, the roles of witnesses and notarization are critical. Understanding the significance of each can provide peace of mind and can streamline the probate process after your passing.

A Key Element for a Valid Will

  1. Legal Requirement: In Massachusetts, as in many states, it is a legal requirement for a will to be signed in the presence of two witnesses. These witnesses must be competent adults who are not beneficiaries of the will. This requirement is designed to provide an additional layer of authenticity and to prevent potential fraud.
  2. Objective Verification: Witnesses serve as objective verifiers of your state of mind and intention. They confirm that you are signing the will voluntarily and are of sound mind at the time of signing. This is particularly important if the will is contested in court, as witnesses can provide testimony confirming the circumstances under which the will was signed.
  3. Protection Against Undue Influence: Having witnesses can also help protect against claims that the will was made under undue influence or coercion. Witnesses act as a safeguard, ensuring that the signing is a free and independent action by the testator (the person making the will).

Adding an Extra Layer of Security

  1. Creating a Self-Proving Will: While not a legal requirement in Massachusetts for the will’s validity, notarization can be extremely beneficial. A notarized will is often referred to as a ‘self-proving’ will. This means that the authenticity of the will is presumed, and the probate court can accept the will without having to contact the witnesses for further verification.
  2. Simplifying the Probate Process: The primary advantage of a self-proving will is that it can significantly simplify and expedite the probate process. The probate court can proceed without needing to take additional steps to verify the will’s authenticity, which can be time-consuming and potentially problematic if witnesses are deceased, unavailable, or unable to remember the circumstances of the signing.
  3. Notarization Process: To make a will self-proving in Massachusetts, it usually involves signing an affidavit in the presence of a notary public, alongside your witnesses. This affidavit states that all parties know the document is a will and that the testator signed it willingly.

Professional Legal Assistance in Estate Planning

Drafting a will can seem overwhelming, but you don’t have to do it alone. Professional legal assistance can make the process straightforward and stress-free. Our team at Jordan & White, LLC is equipped with the knowledge and experience to help you create a will that is both legally valid and deeply personal.

Besides that Life is dynamic, and changes such as marriage, divorce, births, or significant changes in assets should prompt a review of your will. Regular updates ensure that your will remains relevant and reflective of your current situation. 

Contact Us, Your Estate Planning Attorneys on the North Shore of Massachusetts

At Jordan & White, we are here to help you overcome these complexities and make decisions that will benefit your family in the long term. Call us today at 978-744-2811 or contact us online for assistance with crafting a comprehensive estate plan that suits your individual needs.