B
O
C
COMMON QUESTIONS OF LAW: WILLS
WHAT ARE THE FORMAL REQUIREMENTS FOR A LEGAL
WILL?
Whoever makes a will in Massachusetts must be at least
eighteen (18) years of age.
Your will must be in writing. You must be of sound mind or be
competent when you sign your will.
A will must be witnessed in a special manner when you sign it.
This requires that certain legal formalities be observed at the
time of execution of the will.
Finally, in order to be effective, a will must be acceptable to the
Probate Court.
CAN I CROSS OUT OR WRITE ADDITIONAL WORDS IN MY
WILL?
It is not a good idea to cross out words or add words to a will
after the will has been signed and executed.
If you write on the will after you have signed and executed it, you
run a serious risk that some or all of the will may be determined
by a Probate Court Judge to be invalid.
WHY DO I NEED A WILL?
Everyone needs to have a will. People with minor children need
wills so that they can name a guardian for their minor children in
the event of death.
A will enables you to decide who gets your property.
Without a will, the laws of the State decide who gets your real
estate and personal property.
A will also allows you to name who will manage the distribution
of your estate. This party is known as the personal
representative or administrator.
IS MY CURRENT WILL STILL GOOD?
It depends. As long as your current will meets the formal
requirements for a legal will, it is "good" until you change or
revoke it in accordance with State law.
You can change your will as often as you wish so long as you
comply with the legal requirements concerning capacity, fraud,
undue influence, duress and meet the formal requirements for a
will in the State.
Both monetary and personal changes in your life may require a
change in your will.
For example, divorce, marriage, birth of children, and deaths of
relatives may be a reminder to review the adequacy of your
current will.
In addition, tax law changes and a change in the amount or
makeup of your estate may make it advisable to change your will
to better serve your legal heirs.
WHAT ARE THE FORMAL REQUIREMENTS FOR A LEGAL
WILL?
Whoever makes a will in Massachusetts must be at least
eighteen (18) years of age.
Your will must be in writing. You must be of sound mind or be
competent when you sign your will.
A will must be witnessed in a special manner when you sign it.
This requires that certain legal formalities be observed at the
time of execution of the will.
Finally, in order to be effective, a will must be acceptable to the
Probate Court.
CAN I CROSS OUT OR WRITE ADDITIONAL WORDS IN MY
WILL?
It is not a good idea to cross out words or add words to a will
after the will has been signed and executed.
If you write on the will after you have signed and executed it, you
run a serious risk that some or all of the will may be determined
by a Probate Court Judge to be invalid.
WHY DO I NEED A WILL?
Everyone needs to have a will. People with minor children need
wills so that they can name a guardian for their minor children in
the event of death.
A will enables you to decide who gets your property.
Without a will, the laws of the State decide who gets your real
estate and personal property.
A will also allows you to name who will manage the distribution
of your estate. This party is known as the personal
representative or administrator.
IS MY CURRENT WILL STILL GOOD?
It depends. As long as your current will meets the formal
requirements for a legal will, it is "good" until you change or
revoke it in accordance with State law.
You can change your will as often as you wish so long as you
comply with the legal requirements concerning capacity, fraud,
undue influence, duress and meet the formal requirements for a
will in the State.
Both monetary and personal changes in your life may require a
change in your will.
For example, divorce, marriage, birth of children, and deaths of
relatives may be a reminder to review the adequacy of your
current will.
In addition, tax law changes and a change in the amount or
makeup of your estate may make it advisable to change your will
to better serve your legal heirs.
BOGLE
OKOYE
CHANG
 | |  |
BOGLE & OKOYE, LLC
Copyright © 2008 Bogle & Okoye, LLC. All Rights Reserved.
 | |  | |  | |  | |  | |  | |  | |  | |  | |  |
 | |  | |  | |  |
Blog: "Wills Questions"
 |
| |
 |
| |
 |
| |
 |
| |
 |
 |  |  |  |  |  |  |  |  |
