Legal Question in Wills and Trusts in Massachusetts

Re: Validity of Will

Each state will have its own requirments regarding wills, it depends on where the person was living when the will was executed. In Mass, a valid will needs to be signed by the testator in the prescence of two witnesses. Both witnessed need to sign the document stating the person signed in the prescence of the witnesses. The will must also be notarized by a notary public at the same time as it is signed by all parties. Most wills contain a clause which revokes prior wills so even if there was a prior will it may be invalid unless the newer will is later proved to be invalid. There is no easy way to find out if there were any prior wills.

Re: Validity of Will

In New York, the requirements for a will to be valid seem simple enough. The document must be written, must state that it is a will, must be signed at the bottom, and must be witnessed by 2 people. The two witnesses usually also sign an affidavit stating the person who signed the will was over 18, and was of sound mind. The person making the will cannot disinherit his or her spouse, but there is no legal requirement he or she leave anything to anyone else.

Without the affidavit, if someone contests the capcity of the person who signed the will, you have to locate the witnesses, and have them testify that the person signing the will was of sound mind and was over 18. The problem is finding the witnesses, and jogging their memory.

Many other, more difficult issues can come up as well, when dealing with will validity. Deterimining the validity of a will may not be as simple and straightforward as it seems like it should be.

Re: Validity of Will

It does not need to be notarized. It does

need to be an original. It needs to be

signed at the end by the decedent. It also

needs to be signed by two witnesses with a

proper attestation clause and a proper

signing ceremony.

Prior wills are revoked by the execution of the

new will.