How Often Do People Change Their Will In Massachusetts?

Are you considering making a change to your will? In Massachusetts, you have the right to do so as long as you are of sound mind. You may be wondering: How often do people change their will in Massachusetts? The short answer is “it depends.” Some people never change their wills. Others revise the document every few years. What is right for you will vary based on your needs, your goals, and the changes in your life. Here, our Norwood estate planning lawyer provides a general overview of the key things to know about revising a will in Massachusetts.

Some People Change their Will a Few Times, Others Barely At All (or Never) 

There is no clear number of times that a will should be changed. Indeed, people revise wills at very different rates. Some create a will once and never revisit it because their circumstances stay stable. Others update the document every few years as their family, finances, or priorities shift. There is no legal requirement in Massachusetts to review a will on any set schedule. From a legal standpoint, the only requirement is that the will reflect the testator’s current intent. 

Common Reasons to Change Your Will in Massachusetts 

Why do people change their will? There are a number of different reasons in Massachusetts. Most often, a will is changed after a major life event. Some of the most common examples include marriage, divorce, the birth of a child, the death of a beneficiary, significant shifts in wealth, or the purchase or sale of real estate often prompt updates. People also change wills when a named executor becomes unavailable or when they want to add or remove beneficiaries. Legally, these revisions ensure that the will remains enforceable under Massachusetts Uniform Probate Code principles. A will that fails to account for changed circumstances can produce unintended consequences during probate. Indeed, outdated wills can cause serious problems. 

You Can Change Your Will Without Re-Writing it 

Massachusetts allows a testator to modify a will through a codicil. A codicil is a legally binding amendment that updates selected provisions without replacing the entire document. The codicil must be executed with the same formalities as the original will, including proper signatures and witnesses under Massachusetts law. It becomes part of the will and is read together with the original document at probate. Codicils work well for targeted updates, such as changing an executor or adjusting a specific bequest. On the other hand, larger and more comprehensive changes often justify creating a new will. Ultimately, the goal is clarity and enforceability of your true intent. 

You Need to Be of Sound Mind to Change Your Will in Massachusetts

A will or codicil is valid only if the testator is of sound mind at the time of signing. Massachusetts requires the testator to understand the nature of their property, the natural objects of their bounty, and the effect of the will or codicil (Section 2-502). If a will is changed by a person who (allegedly) lacks mental capacity, any changes could be challenged in probate as legally invalid.

Call Our Norwood, MA Estate Planning Attorney Today

At Fisher Law LLC, our Massachusetts estate planning attorney has the professional experience that you can trust. We have extensive experience with will revisions. Have any specific questions or concerns? Please do not hesitate to contact us today for a fully confidential initial consultation. We provide estate planning services in Norwood and throughout the region in Massachusetts.

Source:

malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/ArticleII/Section2-502