Massachusetts Wills

Massachusetts legal documents

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A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death. For the devolution of property not disposed of by will, see inheritance and intestacy.

In the strictest sense, a “will” has historically been limited to real property while “testament” applies only to dispositions of personal property (thus giving rise to the popular title of the document as “Last Will and Testament”), though this distinction is seldom observed today. A will may also create a testamentary trust that is effective only after the death of the testator.

Any person over the age of majority and of sound mind (having appropriate mental capacity) can draft his or her own will with or without the aid of a lawyer. Additional requirements may vary, depending on the jurisdiction, but generally include the following requirements:

The testator must clearly identify himself or herself as the maker of the will, and that a will is being made; this is commonly called “publication” of the will, and is typically satisfied by the words “last will and testament” on the face of the document.

The testator should declare that he or she revokes all previous wills and codicils. Otherwise, a subsequent will revokes earlier wills and codicils only to the extent to which they are inconsistent. However, if a subsequent will is completely inconsistent with an earlier one, the earlier will is considered completely revoked by implication.

The testator may demonstrate that he or she has the capacity to dispose of his or her property (“sound mind”), and does so freely and willingly.

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The testator must sign and date the will, usually in the presence of at least two disinterested witnesses (persons who are not beneficiaries). There may be extra witnesses, these are called “supernumerary” witnesses, if there is a question as to an interested-party conflict. Some jurisdictions, notably Pennsylvania, have long abolished any requirement for witnesses. In the United States, Louisiana requires both attestation by two witnesses as well as notarization by a notary public. “Holographic” or handwritten wills generally require no witnesses to be valid.

If witnesses are designated to receive property under the will they are witnesses to, this has the effect, in many jurisdictions, of either (i) disallowing them to receive under the will, or (ii) invalidating their status as a witness. In a growing number of states in the United States, however, an interested party is only an improper witness as to the clauses that benefit him or her (for instance, in Illinois).

The testator’s signature must be placed at the end of the will. If this is not observed, any text following the signature will be ignored, or the entire will may be invalidated if what comes after the signature is so material that ignoring it would defeat the testator’s intentions.

One or more beneficiaries (devisees, legatees) must generally be clearly stated in the text, but some jurisdictions allow a valid will that merely revokes a previous will, revokes a disposition in a previous will, or names an executor.

Massachusetts legal documents

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Massachusetts has played a significant role in American history since the Pilgrims, seeking religious freedom, founded Plymouth Colony in 1620. As one of the most important of the 13 colonies, Massachusetts became a leader in resisting British oppression. In 1773, the Boston Tea Party protested unjust taxation. The Minute Men started the American Revolution by battling British troops at Lexington and Concord on April 19, 1775.

During the 19th century, Massachusetts was famous for the intellectual activity of its writers and educators and for its expanding commercial fishing, shipping, and manufacturing interests. Massachusetts pioneered the manufacture of textiles and shoes. Today, these industries have been replaced in importance by the electronics and communications equipment fields.

The state’s cranberry crop is the nation’s second-largest (after Wisconsin). Also important are dairy and poultry products, nursery and greenhouse produce, vegetables, and fruit.

Tourism has become an important factor in the economy of the state because of its numerous recreational areas and historical landmarks. Cape Cod has beaches, summer theaters, and an artists’ colony at Provincetown. The Berkshires, in the western part of the state, is the site of Tanglewood, the summer home of the Boston Symphony; art museums, including Mass MoCA and the Clark Institute; and Jacob’s Pillow, a world renowned dance center.

Among the many other points of interest are Old Sturbridge Village in Sturbridge, Minute Man National Historical Park between Lexington and Concord, and Plimoth Plantation in Plymouth. In Boston there are many places of historical interest, including Old North Church, Old State House, Faneuil Hall, the USS Constitution, and the John F. Kennedy Library and Museum.

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