Legal Question in Wills and Trusts in Massachusetts

Re: Will

It can be filed with the court for a fee, but in normal practice, this is not done.

Our practice is to keep the original of the will in our safe deposit boxes for wills. This way, it doesn't get lost or forgotten (unless the client moves away).

It also makes the will available in a timely fashion (e.g., if it were in the decedent's safe deposit box, legal process would be required to enter the box after death, assuming no one else was on the box), including for any provisions stated in the will concerning burial (e.g. cremation, etcetera.)

It also avoids the situation where a will is marked up without appropriate testamentary formalities (witnesses, notary, signatures) required to change a will. The results may not end up as the person wants, if provisions are struck and changes are written it.

There are also presumptions concerning lost wills, which can complicate the situation.

If you need any assistance with estate planning, please feel free to call and set up an appointment.

Re: Will

No. A will may be filed with the court for safekeeping (which is very rarely done), but there's no need to file a will until the maker has passed away.