Summary of Massachusetts' Will Requirements:
|Minimum Age to Make a Will||18|
|Written Document Required||Yes|
|Nuncupative Wills (Oral)||No|
|Holographic Wills (Hand-Written, Unwitnessed)||No|
|Number of Witnesses Required||2|
|Statutory Form for Self-Proving Affidavit||Yes|
Statutes Governing Massachusetts' Will Requirements:
Persons authorized to make wills; capacity; execution
Every person eighteen years of age or older and of sound mind may by his last will in writing, signed by him or by a person in his presence and by his express direction, and attested and subscribed in his presence by two or more competent witnesses, dispose of his property, real and personal, except an estate tail, and except as is provided in this chapter and in chapters one hundred and eighty-eight and one hundred and eighty-nine and in section one of chapter two hundred and nine.
Competency of witnesses; interest of witness
Any person of sufficient understanding shall be deemed to be a competent witness to a will, notwithstanding any common law disqualification for interest or otherwise; but a beneficial devise or legacy to a subscribing witness or to the husband or wife of such witness shall be void unless there are two other subscribing witnesses to the will who are not similarly benefited thereunder. Competency of witnesses; interest of witness.
Subsequent incompetency of witnesses
If a witness to a will is competent at the time of his attestation, his subsequent incompetency shall not prevent the probate and allowance of such will.
A will made and executed in conformity with law existing at the time of its execution shall have the same effect as if made pursuant to this chapter.
A last will and testament executed in the mode prescribed by the law, either of the place where the will is executed or of the testator’s domicile, shall be deemed to be legally executed, and shall be of the same force and effect as if executed in the mode prescribed by the laws of this commonwealth; provided, that such last will and testament is in writing and subscribed by the testator.
A soldier in actual military service or a mariner at sea may dispose of his personal property by a nuncupative will.
[Reference - Massachusetts Requirements for a Will].