Legal Question in Wills and Trusts in Massachusetts

wills

if aperson makes a will in a lawyers office and signs it but does not file it is it still binding


Asked on 5/02/00, 9:01 am

2 Answers from Attorneys

James Miragliotta Miragliotta Law Offices

Re: wills

Relative to the binding effect of a will, so long as the will was properly executed, there is no need to "file" it anywhere for it to be valid. Upon execution, the will becomes valid and supercedes all prior will which may contain any contradictory provisions.

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Answered on 6/16/00, 9:37 am

Re: wills

Yes, if properly executed and witnessed, the new version is valid upon execution (signing).

There IS a filing procedure which people can use in this state, entirely optional.

When a will can't be found at death (if there's no copy, particularly), it is ineffective. In olden days, the act of tearing up the original (by the testator!) was considered a revocation of the will, which also made it ineffective. A will's being destroyed already at time of death usually presumes that the testator tore it.

Any subsequent will normally revokes prior wills.

A failure to properly execute the will (have two witnesses sign in the presence of one another AND the testator, etc., etc., etc.!) leaves the will invalid entirely and the contents would have to be ignored.

I'm guessing you are not the testator; are you also hoping the will doesn't take effect? Don't hold your breath there.

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Answered on 6/16/00, 4:07 pm


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