Holographic Wills in Massachusetts
Is a Holographic Will Valid in Massachusetts?A holographic will, often a handwritten will signed by the testator, raises questions about its validity in Massachusetts. In certain situations, individuals may consider crafting a holographic will, especially in last-minute scenarios or during unforeseen events like a pandemic. However, understanding Massachusetts' rules on holographic wills is essential to ensure your estate planning aligns with the state's legal requirements.
What is a Will, Exactly?Before delving into holographic wills, it's crucial to grasp the fundamentals of what any kind of will entails. A will is a formal document that provides directives on how your assets should be distributed upon your passing, a roadmap for the probate court. Additionally, if you have minor children, it allows you to designate a guardian in the event both parents pass away. It's important to note that the court can override your guardian choice if it's not in the best interest of the children.
However, a will does not:
Making a Will: Massachusetts Legal RequirementsIn Massachusetts, there is no distinction between handwritten wills and typed wills. What truly matters are the three fundamental prerequisites for a valid will:
Under Massachusetts law, a handwritten will signed by the testator that adheres to these conditions can be considered valid. Hence, you could say that Massachusetts permits holographic wills. However, it's vital to understand that the probate court will not recognize a handwritten will signed solely by the testator without witnesses. Making a Will: The Role of a NotaryWhile notarization is not a mandatory requirement to create a legally valid will, it serves a beneficial purpose. Signing estate planning documents in a lawyer's office often involves notarization, making the will "self-proving." In essence, if the witness signatures are notarized, the court will presume their validity, eliminating the need for witnesses to authenticate the will in court.
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Why Are These Requirements Necessary for Creating a Will?
The strict requirements for signatures and witnesses may seem cumbersome, but they serve critical purposes. Firstly, once a will is presented in probate court, the testator is no longer available to verify their wishes or testify to the authenticity of their signature. Thus, Massachusetts imposes strict requirements to ensure the integrity of wills.
Secondly, the state has a vested interest in how your assets are distributed. If you die without a will, state law determines distribution to the family members most likely to benefit, including your spouse, children, and sometimes other relatives. Accepting a simple signed handwritten will without proper authentication would jeopardize the presumed heirs' best interests.
Secondly, the state has a vested interest in how your assets are distributed. If you die without a will, state law determines distribution to the family members most likely to benefit, including your spouse, children, and sometimes other relatives. Accepting a simple signed handwritten will without proper authentication would jeopardize the presumed heirs' best interests.
In Summary: Understanding the Holographic Will
What most people mean when they talk about holographic wills is the informal, handwritten document that does not require legal formalities. This is not enforceable or valid in Massachusetts.
By the actual definition of a holographic will, which is a handwritten will, this could be enforceable in Massachusetts if it is properly witnessed and executed. So if you really had to put a will together in a hurry, you could write it out and enlist two adults who are not beneficiaries of your will to witness your signature.
This should be the rare exception, because whether a will is recognized as a valid document is only a small part of the task- you also need to make sure it provides for what you want and actually meets your estate planning objectives. This is why it is so important to confer with an estate planning lawyer about your plan as a whole.
By the actual definition of a holographic will, which is a handwritten will, this could be enforceable in Massachusetts if it is properly witnessed and executed. So if you really had to put a will together in a hurry, you could write it out and enlist two adults who are not beneficiaries of your will to witness your signature.
This should be the rare exception, because whether a will is recognized as a valid document is only a small part of the task- you also need to make sure it provides for what you want and actually meets your estate planning objectives. This is why it is so important to confer with an estate planning lawyer about your plan as a whole.
Meet Our Estate Planning Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna wrote a book on estate planning: The Road to Peace of Mind: What You Need to Know About Estate Planning. Jenna has helped many individuals and families with planning to protect their legacies and loved ones, and planning for the future and succession of their businesses.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and earned her LLM in estate planning from Western New England Scool of Law in 2016. She has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped many clients with planning for their legacies and their future, and navigating the probate process in Massachusetts after the death of a loved one.
How We Can Help
At slnlaw, our experienced team of estate planning professionals is here to assist you every step of the way. We understand the complexities of creating a will, ensuring its validity, and addressing your unique estate planning needs. Whether you require guidance on holographic wills or comprehensive estate planning solutions, we're dedicated to helping you secure your legacy and provide for your loved ones. You can use the button below to schedule a free information call, or simply give us a call at 781-784-2322.
Jenna Ordway
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