When Is It Too Late To Write A Will In Massachusetts?
Are you considering writing a will in Massachusetts? If you are already a senior, you may be wondering whether or not it is too late to put a will in place. The short is that you can create—or revise—a will at any time as long as you still have legal capacity. Here, our Boston estate planning attorney explains the key things to know about writing a will late-in-life in Massachusetts.
There is No Age Limit to Write a Will in Massachusetts
First and foremost, it is important to emphasize that in Massachusetts, there is no upper age limit that prevents someone from creating a valid will. Whether a person is 40, 70, or even 95 years old, they have the right to draft and execute a will—so long as they meet the legal requirements. What matters is not age, but mental capacity and intent. The law allows elderly people to still take charge of their estate plan.
A Person Must Have Legal Capacity to Make a Will
Although there is no upper age limit for creating a will in the Commonwealth, there is a capacity requirement. Massachusetts law requires that a person have “testamentary capacity” at the time the will is executed. Under Massachusetts General Laws ch. 190B, § 2-501, the person (the testator) must be at least 18 years old and “of sound mind.” To meet the three legal criteria for capacity, a person must understand:
- The nature and extent of their property;
- Who their natural heirs are; and
- That they are making a will to distribute their estate.
A Proactive Approach is Best: Do Not Wait to Write Your Will
The sooner you get started with estate planning, the better. While it may never be legally “too late” to write a will based on your age, delaying the process carries real risks. Accidents, illness, or sudden mental decline can arise unexpectedly. That could leave a person without the capacity to create or revise a will. Without a valid will, your estate will be subject to Massachusetts intestacy laws. In other words, you will lose control over what happens to your property and assets because instead of drafting your own design, you get the state’s design. For example, if you are not married, have no children, and your parents are also deceased, the intestacy laws will divide your estate up equally amongst your siblings. If you have five siblings but are estranged from one sister, this sister will receive 20% of your probate estate.
A Will Can Be Updated—As Long as Capacity Exists
In Massachusetts, the laws for revising a will are similar to the laws for creating a will. If you already have a will, it can be modified or replaced at any time, no matter your age. The key criteria is that you must still have legal capacity. The ability to revise a will and other estate planning documents is important. When life circumstances change—such as marriage, divorce, the birth of a child, or the acquisition of new assets—an estate plan may need to be adjusted. To revise a will, you can either execute a codicil (an amendment) or create a new will entirely.
Contact Our Massachusetts Estate Planning Lawyer Today
At Fisher Law LLC, our Massachusetts estate planning attorneys have the knowledge, skills, and experience that you can trust. If you have any questions about creating a will for the first time or changing a will late in life, please do not hesitate to contact us today for a fully confidential consultation. Our firm provides estate planning support throughout all of the Greater Boston area.
Source:
malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/ArticleII/Section2-501
