5 Biggest Mistakes People Make When Making a Will in Massachusetts

Drafting a Last Will and Testament (“will”) is one of the most important legal steps you can take to protect your family and your property. In Massachusetts, failing to follow the right process can leave your loved ones tied up in probate court, battling over your estate and trying to interpret your final wishes.

Whether you’re making a will in Massachusetts for the first time or updating an existing will, the process involves more than just signing a piece of paper. It means creating a legally binding document that clearly reflects your wishes and complies with Massachusetts law.

Below are five mistakes that come up frequently when making a will in Massachusetts, and how you can avoid them so your loved ones don’t have to untangle a legal mess later.

1. Failing to Follow the Legal Requirements

Massachusetts has strict rules about what makes a legal will valid. If your document doesn’t meet these requirements, it might be thrown out by the court.

Under Mass. Gen. Laws ch. 190B, § 2-502, a will must:

• Be in writing
• Be signed by the person making the will (or by another person at their direction and in their presence)
• Be signed by two witnesses who are present when the will is signed or acknowledge seeing the signature

You also must be of sound mind when creating the will. That means you understand what you’re doing and what your assets are, and you’re not being influenced or pressured by anyone else.

Missing any of these elements could invalidate your legal document. In that case, your estate could be distributed based on intestate succession laws instead of your wishes.

2. Relying on Online Templates Without Legal Review

It’s tempting to use an online template or software to create your own will, especially if your finances seem straightforward. But Massachusetts law is not one-size-fits-all. An online template might not take into account:

• Specific requirements under Massachusetts probate law
• The need to appoint a guardian for minor children
• Proper estate planning documents for incapacity
• Complex assets like retirement accounts or real estate

Mistakes here can lead to higher court costs, invalid documents, or delays in the probate process. Working with Last Will and Testament attorneys or estate planning attorneys means your documents are reviewed for accuracy and compliance with state law. It’s not just about having a will. It’s about having the right plan in place to protect your family and your entire estate.

3. Failing to Update the Will After Life Changes

Life doesn’t stand still, and neither should your will. As circumstances change, your documents need to be updated so they still reflect your true intent. Common events that may require changes include:

• Divorce or remarriage
• Birth or adoption of children
• The death of a family member, beneficiary, or executor
• Purchasing or selling major property
• Changes in your financial affairs or business ownership

Under Massachusetts law, divorce revokes any portion of a legal will that gives assets or authority to your former spouse, but that doesn’t apply to all legal matters like life insurance or powers of attorney.

Neglecting to update your estate planning documents can lead to disputes, delays, and even estate litigation.

4. Choosing the Wrong Executor or Personal Representative

When you’re creating your own will, you’ll need to name someone to manage your estate after your death. In Massachusetts, this person is called the personal representative, although some still use the term executor. This person must:

• File your will in probate court
• Notify beneficiaries and creditors
• Handle assets and debts
• Distribute the estate according to your instructions

Choosing someone based solely on family ties, rather than qualifications, can backfire. You need someone responsible, impartial, and organized. In some cases, naming a law firm or law offices with experience in estate administration may be the better option.

If no one is named, or the person you choose is unable or unwilling to serve, the court will appoint someone, which may not reflect your preferences.

5. Ignoring Non-Probate Assets and Beneficiary Designations

Many people don’t realize that a last will does not control all of their assets. Certain accounts and property bypass the probate process entirely, regardless of what your will says. These include:

• Life insurance policies
• IRAs and 401(k)s
• Jointly owned property
• Accounts with named beneficiaries
• Living trusts, if used properly

That’s why reviewing your beneficiary designations is just as important as writing your will. If your will names your child but your life insurance still names your ex-spouse, the insurance company is legally required to follow the named beneficiary.

Double-check that your wills, trusts, and financial accounts all work together to reflect your intent.

Don’t Forget About Incapacity Planning

A legal will only goes into effect when you die, but what if you become unable to make decisions during your lifetime? That’s where other estate planning documents come in:

• A durable power of attorney lets someone manage your financial affairs if you’re incapacitated
• An advance healthcare directive outlines your medical wishes
• A living will lets doctors and loved ones know what kind of care you do or don’t want at the end of life

These documents often carry more weight during your lifetime than a will, since they guide decisions if you’re temporarily or permanently incapacitated.

Without these, your family may have to go through court to make decisions for you, adding stress to an already difficult time.

Why These Mistakes Matter

The probate process in Massachusetts can be costly, time-consuming, and public. If your legal documents are unclear or invalid, it could delay distribution of your estate and increase the risk of family conflict or litigation.

That’s why it’s so important to work with Worcester estate planning attorneys who understand the law and can guide you through each step. Taking action now protects your loved ones, reduces delays and court costs, and gives you peace of mind that your wishes will be honored.

Talk to a Wills Attorney in Worcester, MA to Protect What Matters Most

Searching online for “attorneys who do wills near me” can lead to a long list of results. However, not every law firm is focused on personalized estate planning. If you’re preparing your own will or updating one that no longer reflects your wishes, The Law Office of Polly Tatum is here to help you avoid costly mistakes.

We’ve served families across Massachusetts for over 20 years, helping them prepare legally valid wills, living trusts, and other estate planning documents that reflect their wishes and comply with Massachusetts law.

Whether you’re concerned about naming the right executor, protecting minor children, or making sure your beneficiaries receive what you intended, our team can help you take the next step with confidence.

Call (508) 795-1557(508) 795-1557 or fill out our confidential online form to schedule your Strategy Session. Virtual and in-person appointments are available.

Looking for additional guidance before you commit to a plan? Visit our events page to see upcoming workshops and webinars hosted by Attorney Polly Tatum.

At the Law Office of Polly Tatum, we’ll help you PROTECT WHAT MATTERS MOST!

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

The Law Office of Polly Tatum
19 Cedar Street
Worcester, MA 01609
(508) 795-1557(508) 795-1557
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