Four Things You Should Not Do When Writing A Will In Massachusetts
Drafting a will is one of the most important steps you can take to protect your family and your legacy. Even with the best of intentions, issues do arise in estate administration when a will is poorly constructed or executed that causes confusion, disputes, or even invalidates the will altogether. Massachusetts has strict rules that determine whether a will is legally valid and enforceable in court. At Fisher Law, LLC, we are focused on empowering people and families. In this article, our Boston estate planning attorney highlights four things that you should not do when writing a will in Massachusetts.
Do Not Overlook Massachusetts Execution Requirements
One of the most serious errors is failing to comply with the formalities required by Massachusetts General Laws (M.G.L.) ch. 190B, Article II of the Uniform Probate Code. A valid will must be in writing, signed by the testator (or by another person in the testator’s presence and at their direction), and witnessed by at least two competent individuals who sign within a reasonable time after witnessing the signature. Handwritten or oral wills (known as holographic or as nuncupative wills) are not recognized in Massachusetts. Ignoring these statutory requirements can result in the will being declared invalid during probate proceedings in the Commonwealth.
Do Not Use Ambiguous or Inconsistent Language
Another critical mistake is drafting a will with vague or contradictory terms. Under Massachusetts law, probate courts apply rules of construction to interpret unclear provisions, but this often leads to results that may not reflect the testator’s true intent. For example, using generic terms like “my property” without clarifying whether that includes both real and personal assets can create disputes among beneficiaries. Ambiguities can also lead to partial intestacy in Massachusetts.
Do Not Fail to Revoke or Update Prior Wills
Massachusetts law recognizes multiple ways to revoke a will, including executing a new will or physically destroying the old document (M.G.L. ch. 190B, § 2-507). However, confusion arises when outdated wills are not formally revoked or when codicils conflict with the original instrument. If a court is presented with multiple wills, disputes over which document controls may arise. That could leave your family in a difficult conflict and potentially even facing costly litigation.
Do Not Rely Solely on DIY or Informal Will Templates
Finally, while online or “do-it-yourself” forms may seem convenient, they often fail to comply with Massachusetts statutory requirements. A will that does not meet execution standards or that uses boilerplate language without tailoring it to the testator’s assets can be invalidated. Beyond that, DIY wills frequently omit essential provisions regarding guardianship, residuary clauses, and tax planning. Your will should be drafted by an experienced Boston estate planning attorney.
Contact Our Boston Wills and Trusts Attorney Today
At Fisher Law LLC, our Massachusetts estate planning lawyer helps clients draft and revise wills. If you have any specific questions or concerns about a will, we are here to help. Please do not hesitate to contact us today to arrange your completely confidential initial consultation. Our firm provides estate planning services throughout all of the Greater Boston area.
