Few documents shape your family’s future as much as your will. It spells out who receives your property, who steps in to handle affairs, and even who raises your children if they are still minors.
At Jordan & White, LLC, we have worked with Massachusetts residents for over 13 years to write clear wills that stand up in court. This article breaks down the state rules so you can confidently prepare and avoid common pitfalls.
Why Create a Will in Massachusetts?
A will gives you control that state law will otherwise claim for itself. With one in place, you decide how your home, bank accounts, and personal treasures move to loved ones.
Beyond passing property, a valid will lets you name a personal representative, pick guardians for children, and even leave money for a beloved pet’s care. Without these choices, the Massachusetts intestacy statute (MGL c. 190B, §§ 2-101 et seq.) takes over and distributes assets through an automatic family tree that may not match your wishes.
In short, writing a will keeps the final word in your hands, not the state’s.
Who Can Make a Will in Massachusetts?
State law sets only two baseline qualifications, yet both matter greatly.
- Age requirement: You must be at least 18 (MGL c. 190B, § 2-501).
- Sound mind requirement: Often called testamentary capacity, this means you understand three things: you are signing a will, you generally know what you own, and you can identify the natural objects of your bounty (your likely heirs).
Even a person living with early dementia can have capacity if those three facts remain clear at signing time.
Essential Requirements for a Valid Massachusetts Will
Meeting the threshold above is only the start. A will must also satisfy format rules covering writing, signing, witnessing, and asset transfer language.
The Writing Requirement
Massachusetts wills must appear on paper (MGL c. 190B, § 2-502). Electronic files and digital signatures do not count. Handwritten wills may be valid if they meet the witness and signature rules. However, truly oral wills are allowed only for service members on active duty or mariners at sea and only for personal property.
The Signature Requirement
The testator or another person signs at the testator’s direction while the testator watches. Using a helper is common when illness limits mobility, but that helper cannot act as a witness.
The Witness Requirement
Two disinterested witnesses must observe the signing or hear the testator acknowledge an existing signature. Disinterested means they are not receiving anything under the will. If a devisee does witness, the gift to that person (or spouse) is void unless two other neutral witnesses also sign (MGL c. 190B, § 2-505).
The Transfer Requirement
A will must speak in transfer terms. Words such as “give,” “bequeath,” or “devise” show intent to move assets. A mere list of property and names will likely fail without a language of gift.
Additional Considerations for Massachusetts Wills
Beyond the foundational rules, a few other factors often surface when families review estate plans.
Mental Capacity in Detail
Physical illness or early cognitive decline does not automatically block will-making. Courts focus on whether, at the moment of signing, the person understood the nature of their assets and the effect of the document. Perfect recall of every account number is unnecessary; a broad grasp of holdings is enough.
Undue Influence
Even a perfectly drafted will can unravel if a court finds undue influence. This happens when someone pressures the testator to such a degree that the will reflects the influencer’s desires, not the testator’s free choice. If proven, the will is set aside.
Spousal and Children’s Inheritance Rights
Massachusetts protects surviving spouses through an elective share (MGL c. 191, § 15). A spouse left out of a will may claim a statutory portion despite the document. Couples can waive this right in a prenuptial or postnuptial agreement.
Children do not receive the same mandatory protection. You may leave them nothing. Still, if there is no surviving spouse and children are totally omitted, they share up to $10,000 in household goods by statute.
Changing or Revoking a Will
Life changes, and your plan should keep pace. You may revise a Massachusetts will through a codicil, which follows the same signing and witness steps as the original. To revoke a will entirely, sign a new one that states the old will is revoked, or physically destroy the old document with the intent to make it void (MGL c. 190B, § 2-507).
How to Make Your Will Self-Proving
Probate judges must confirm that a will is genuine. A self-proving affidavit speeds this step. The testator and the two witnesses sign a sworn statement before a notary affirming that the will was executed properly (MGL c. 190B, § 2-504). When attached to the will, the affidavit lets the court accept the document without calling witnesses back to testify.
Need Help with Estate Planning? Contact Jordan & White, LLC
At Jordan & White, LLC, we’ve spent over a decade helping Massachusetts families through estate planning, probate, and real estate matters with clarity and care. Whether you’re drafting, updating, or contesting a will, we offer practical guidance to avoid costly mistakes and protect your wishes. Writing a valid will in Massachusetts may be simple, but small errors can lead to big problems. Call 978-744-2811 or visit our Contact Us page to schedule a consultation. Let’s create a plan that brings peace of mind and protects what matters most.