Winthrop Lawyer Drafts Wills to Create Lasting Legacies for Clients
Massachusetts firm prepares personalized, enforceable testamentary documents
Creating a will is an essential step to protect your loved ones and to ensure your wishes regarding property distribution are honored after your death. In Massachusetts, as in other states, there are specific rules and best practices to follow in order to avoid intestacy. At Chapdelaine, Ryan & Associates in Winthrop, our estate planning attorneys offer personalized counsel so that your will clearly and accurately reflects your wishes, and can withstand any possible challenge.
Key components of a will
A properly drafted will in Massachusetts should include the following elements:
- Testator’s identifying information — The full legal name and address of the person making the will.
- Revocation of prior wills — A statement that cancels any previous wills or codicils.
- Executor designation — A person whom you trust to carry out the terms of your will.
- Beneficiaries — Individuals or organizations to receive your assets.
- Specific bequests — Detailed instructions on who gets what, from real estate to digital assets to personal items. We can even help you create a plan for business succession.
- Residuary clause — Directions for distributing any remaining assets not specifically mentioned.
- Guardianship — You can express your wishes regarding guardians for your minor children.
Our goal is to develop a will that will help your loved ones avoid unnecessary delays in probate.
Legal requirements for drafting a will in Massachusetts
To be legally valid in Massachusetts, a will must meet the following criteria:
- Age and mental capacity — The testator must be at least 18 years old and of sound mind.
- Written — The will must be in writing. Oral wills are not recognized.
- Signed and witnessed — The will must be signed by the testator and witnessed by at least two people who are not beneficiaries. Massachusetts does not require notarization, but having a notarized “self-proving affidavit” can streamline probate.
Consulting a reliable will lawyer is the best way to be confident that your last will and testament meets all applicable legal standards.
Common mistakes to avoid when drafting a will in Massachusetts
Even small errors can trigger a legal challenge and possibly prompt a judge to invalidate a will, partially or entirely. Common mistakes include:
- Failing to update — Neglecting to revise your will after a major life event can exclude intended heirs or include individuals who are deceased or whom you no longer wish to receive your property.
- Vague language — Ambiguous terms cause confusion and lead to disputes that might end up in court.
- Overlooking digital assets — Omitting usernames and passwords for accounts can deny your heirs access to potentially valuable social media accounts or cryptocurrency.
- DIY templates — Online forms provide no guidance on legal nuances.
Errors can lead to “partial intestacy,” a situation where your will doesn’t cover your entire estate, so omitted assets are allocated based on Massachusetts intestacy law instead of your intentions. Such errors drag out the probate process, delaying disbursement to heirs who might earnestly need them, and even causing unnecessary loss of value to the estate.
Benefits of working with an estate planning attorney
While it’s permissible to draft your own will, working with a Massachusetts estate planning attorney means you’ll have a legally sound document tailored to your unique situation, rather than worries about what happens after you’re gone. Our attorneys help you avoid costly mistakes with clear, concise, unambiguous documents that comprehensively address your specific circumstances and objectives.
Contact a skilled estate planning lawyer for will drafting in Massachusetts
Chapdelaine, Ryan & Associates in Winthrop has extensive experience drafting wills for clients in the greater Boston area. To discuss how we can help you draft a will that establishes the legacy you want, please call 617-870-6728 or contact us online.
