A person’s final wishes for what should happen in regard to his or her estate should take place within a legally binding will. The laws in regard to wills are quite similar in every state; however, it is important to understand the slight differences in the law that the state of Massachusetts has.

It is important to understand what types of wills are valid when you are in the process of making a will. When you are prepared, you will have peace of mind in knowing that your affairs will be taken care of as you intended them to be.

The age of the testator

A testator is known as the person who created the will. The testator must be 18 years old or over. In addition to this, they must be judged as having a proper mental capacity, and therefore, able to make informed decisions.

The number of witnesses

There must be multiple witnesses of a will in order for it to be valid. In Massachusetts, there must be a minimum of two witnesses, and in most circumstances, they should not be set to benefit from the outcome of the will.

Oral wills are only allowed in certain circumstances

Oral wills (formally known as nuncupative wills) are wills that are spoken aloud. In Massachusetts, they are only valid in the situation of a soldier on active duty or a mariner at sea making their wishes known.

If you are contemplating creating a will in Massachusetts, it is important that you understand the general requirements and that you carry out your own research.

Source: FindLaw, “Massachusetts Wills Laws,” accessed March 08, 2018