A will, or “Last Will and Testament,” ensures your wishes are followed by defining the distribution of your assets following death. Instead of leaving uncertainty behind, our lawyers help you compose clear instructions to carry out your wishes.

Simple Will: A will which distributes all assets outright.

Sweetheart Wills: Simple wills where each spouse leaves everything to the other spouse outright.

Testamentary Trust Will: – A will establishing a trust. Property is transferred to the testamentary trust where its distribution is defined by the terms of the trust document.

Pour over Will: A will transferring assets to a trust established before the decedent’s death. Property is transferred or “poured over” or into the established trust. Here the property’s distribution is defined by the terms of the trust document.

Some familiar uses of wills include:

1. Making gifts or bequests to individuals or charities.


2. Defining the how real estate may be handled.


3. Controlling the distribution of property.


4. Tax planning.


5. Designating a guardian for children.


6. Naming the estate’s executor or executors. An executor is the person charged with executing or carrying out the terms of the will.


7. Naming a person or persons who will become trustee of a trust or appointed other duties.

No two people can share a will in Massachusetts, not even married persons. In Massachusetts each person must have their own will and, without a contract preventing otherwise, a will can be revoked at any time. A will may also be amended by executing a document known as a codicil.

The revocability of a will can become a special concern for blended families. A common complaint arises where a surviving spouse chooses to change their will following their spouse’s death. Here assuming both spouses had children before they married, the surviving spouse might inherit everything and then change the heirs included in the survivor’s will, thereby eliminating any distributions which were intended when both spouses signed their wills (often the deceased’s spouse’s children are removed from the will by the survivor). In addition, life circumstances may result in a will being revoked as a matter of law. Following any major life event, it is wise to review your estate plans to ensure they remain valid and continue to express your wishes clearly.

The same requirements that apply to creating a valid Massachusetts will also apply to a making a change or an amendment to a will. An amendment to a will is known as “codicil.” It’s important that any codicil is properly executed in accordance with the strict requirements of law or else the changes are invalid or may have unintended consequences.

Wills properly executed before notary publics are known as “self proving” wills. Without an objection raised as to the validity of the signatures or execution of a will or codicil, their validity will not be questioned or need to be proven with testimony in court.

Not all property is controlled by probate. In fact, there are a number of assets which may transfer outside of the probate process completely. The most common example often occurs when one spouse passes away leaving a surviving spouse. Here (but depending on the names and ownership types), the surviving spouse may become the sole owner of the property by operation of law and without probate. There are variations on the manner real estate is owned.