Legal Question in Wills and Trusts in Massachusetts
Does a Will in MA have to be registered? I had a quick Will done during a divorce several years ago. I want to void it and will probably write a simple self made Will. I need to know if the former needs to be legally voided or if writing and notarizing a new one will cancel out the other. Thank you.
4 Answers from Attorneys
Wills that exist prior to the death of the testator do not have to be registered. If you write a new will and the will has language that indicates that the old will is revoked, then the old will won't have any legal effect.
Wills are not required to be registered prior to death. Your new Will needs to include language revoking all prior Wills. in addition to a Will, you shoud create a Durable Power of Attorney to handle your affairs in case of permanent disability and a Mass Health Proxy.
Simple Wills are not expensive and I would recommend that you use an attorney in preparing your Will.
The fact that you are asking these questions means that you are not equipped to prepare your own will. Why not spend the money to have a proper will prepared, instead of doing it yourself and risking prepraing an invalid will or that your loved ones will fight over what you intended.
You can write a subsequent will or a codicil to void provisions or the entire will.
I agree, get an attorney
Call me with any questions at 978-749-3606.
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