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Massachusetts Last Will and Testament Template

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The Massachusetts last will and testament is a legal document that states in writing, how the testator (the person preparing the documents) would like to have their estate distributed upon their death. Some of the most important distributions will be items such as bank accounts, fiduciary assets, life insurance policies, digital property, real estate, personal property among others. With this document, the testator will know that the continued protection of their families will remain in place as well, their contributions to charities and gifts to friends will be secured. The document will require two witness signatories and a notary acknowledgement.

Definition – Section 1-201(57)

Laws – Chapter 190B (Massachusetts Uniform Probate Code)

Signing (Section 2-502) – Signed by at least Two (2) individual Witnesses.

How to Write

Step 1 – Establish Testator -Write or type the full legal name of the testator (the person for whom the will is being established) at the top of the document. You must then enter the following information:

  • Name of Testator
  • City of Residence
  • County of Residence
  • Testator must carefully review the remainder of the paragraph as well as the Expenses and Taxes section

Step 2 – Nomination and Appointment of Personal Representative (Executor)–

  • Enter the full legal name of the executor
  • Name of executor’s city
  • County
  • State

Alternate Exectutor – just in the event the initial representative becomes unable,ill or for whatever reason, unwilling to serve as the initial chosen representative to the estate

  • Enter the full legal name of the alternate executor
  • Name of executor’s city
  • County
  • State

Step 3 – Disposition of Property to Beneficiaries –

1 st Beneficiary 

  • Full legal name
  • Current address
  • Relation to testator
  • Enter the last four digits of their SSN
  • Enter the property being bequeathed
  • AND

2nd Beneficiary –

  • Full legal name
  • Current address
  • Relation to testator
  • Enter the last four digits of SSN
  • Enter the property being bequeathed
  • AND

3d Beneficiary –

  • Full legal name
  • Current address
  • Relation to testator
  • Enter the last four digits of SSN
  • Enter the property being bequeathed

The Testator must read the remaining portion of the information pertaining to how property is distributed in the event any member of their group of beneficiaries may pre-decease the testator.

Step 4 – Testator must carefully review the following sections prior to any application of signatures:

  • Omission
  • Bond
  • Discretionary Powers of Personal Representative A through K
  • Contesting Beneficiary
  • Guardian Ad Litem  Not Required
  • Gender
  • Assignment
  • Governing Law
  • Binding Arrangement

Step 5 – Signatures/Witnesses – All signatories must be present prior to any signing of this documentation. Enter the following:

  • Enter the testator’s name
  • Date of testator’s signature in dd/mm/yyyy format
  • Testator Signature
  • Testator (Printed Name)

Witnesses – The witnesses must review the brief statement –

  • Date the document in dd/mm/yyyy format
  • Enter the name of the testator

Witness 1 – 

  • Witness Signature
  • Address

Witness 2 –

  • Witness Signature
  • Address

Step 6 – Testament Affidavit – All parties must review the affidavit and complete the following:

  • State
  • County
  • Name of testator
  • Name of Witness 1
  • Name of Witness 2
  • AND ENTER
  • Testator Signature
  • Witness 1 Signature
  • Witness 2 Signature

Step 7 – Notarization – As the notary public has witnessed all signatures they shall complete the remainder of the document and authenticate it by affixing their commission and state seal

 


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