Massachusetts' Requirements for a Will
Massachusetts' Requirements for a Will
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Massachusetts' Requirements for a Will

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Summary of Massachusetts' Will Requirements:

Minimum Age to Make a Will 18
Written Document Required Yes
Nuncupative Wills (Oral) No
Holographic Wills (Hand-Written, Unwitnessed) No
Number of Witnesses Required 2
Self-Proving Affidavit Allowed
Statutory Form for Self-Proving Affidavit Yes

 

 

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Statutes Governing Massachusetts' Will Requirements:

 

Persons authorized to make wills; capacity; execution

Every person eighteen years of age or older and of sound mind may by his last will in writing, signed by him or by a person in his presence and by his express direction, and attested and subscribed in his presence by two or more competent witnesses, dispose of his property, real and personal, except an estate tail, and except as is provided in this chapter and in chapters one hundred and eighty-eight and one hundred and eighty-nine and in section one of chapter two hundred and nine.

General Laws of Massachusetts, Chapter 191, Section 1

 

Competency of witnesses; interest of witness

Any person of sufficient understanding shall be deemed to be a competent witness to a will, notwithstanding any common law disqualification for interest or otherwise; but a beneficial devise or legacy to a subscribing witness or to the husband or wife of such witness shall be void unless there are two other subscribing witnesses to the will who are not similarly benefited thereunder. Competency of witnesses; interest of witness.

General Laws of Massachusetts, Chapter 191, Section 2

 

Subsequent incompetency of witnesses

If a witness to a will is competent at the time of his attestation, his subsequent incompetency shall not prevent the probate and allowance of such will.

General Laws of Massachusetts, Chapter 191, Section 3

 

Law governing

A will made and executed in conformity with law existing at the time of its execution shall have the same effect as if made pursuant to this chapter.

General Laws of Massachusetts, Chapter 191, Section 4

 

Foreign wills

A last will and testament executed in the mode prescribed by the law, either of the place where the will is executed or of the testator’s domicile, shall be deemed to be legally executed, and shall be of the same force and effect as if executed in the mode prescribed by the laws of this commonwealth; provided, that such last will and testament is in writing and subscribed by the testator.

General Laws of Massachusetts, Chapter 191, Section 5

 

Nuncupative wills

A soldier in actual military service or a mariner at sea may dispose of his personal property by a nuncupative will.

General Laws of Massachusetts, Chapter 191, Section 6

 

[Reference - Massachusetts Requirements for a Will]

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