Do You Need Witnesses For A Will In Massachusetts?

To write a valid will in Massachusetts, there are specific requirements that you must satisfy. Under Commonwealth law (Mass. General Laws c.190B § 2-502), a will should be “signed by at least 2 individuals, each of whom witnessed either the signing of the will.” Here, our Boston estate planning attorney explains what you should know about witnesses and wills in Massachusetts.

You Need Two Witnesses for Your Will 

Your will must be witnessed. Under Massachusetts law, there is a requirement that at least two legally competent witnesses should be present and should sign your will. You also need to sign your own will. Notably, your witnesses should observe you signing the document or acknowledge your signature.

The purpose of the witness requirement in Massachusetts is to confirm that the will is authentic and that the testator is of sound mind and acting voluntarily. Without the proper number of witnesses, a will may be contested as invalid. It can cause big problems. 

Best Practice: Do Not Use Any Beneficiary as a Witness 

While Massachusetts law does not explicitly prohibit a beneficiary from serving as a witness to a will, it is strongly discouraged. Using a beneficiary as a witness can lead to challenges or claims of undue influence. It can raise questions about the validity of the document. In some states, a will witnessed by a beneficiary could even result in that beneficiary losing their inheritance under the will. Although Massachusetts does not have that strict rule, a beneficiary witnessing the will can still cause problems in the Commonwealth. 

Who Should Witness Your Will? 

You need two disinterested parties to witness your will. As explained previously, it is always best to avoid using beneficiaries or potential heirs in order to prevent the appearance of undue influence. The Commonwealth requirement for witnesses is fairly straightforward. A witness must be:

• An adult; and
• Legally competent.

While not required, selecting witnesses who are likely to be available for years to come can be helpful in case any legal questions arise. For example, picking an elderly parent to witness your will is generally not a very strong choice.

Note: You may use a professional, such as a lawyer or a notary, as a witness for your will. 

A Will Should Be Drafted By an Attorney 

Your will should be drafted by an experienced Massachusetts estate planning attorney. To start, your lawyer can make sure that your will fully complies with all legal requirements—including having two qualified witnesses. Your attorney will also make sure that your will accurately reflects your  wishes. 

Consult With Our Boston, MA Estate Planning Attorney Today

At Fisher Law LLC, our Boston estate planning lawyer provides solutions-focused legal advocacy to clients. If you have any questions or concerns about wills, we are here to help. Contact us today for a fully confidential initial consultation. With a law office in Norwood, we provide estate planning services in Boston and throughout the surrounding region.

Source:

mass.gov/info-details/mass-general-laws-c190b-ss-2-502