What is a Will?

A will is a written instrument controlling the disposition of an individual's property at death. The laws of each state establish the formal requirements for a will. In Massachusetts, as a general rule:

 

The maker of the will (called testator) must be at least 18 years old. The maker of the will must be of sound mind. The will must be written (there are specific, limited exceptions). Two competent persons must witness the will in a special manner provided by law. A beneficiary of a will or spouse of a beneficiary should not be a witness, because the beneficiary may lose benefits under the will as a result. The technical formalities required for the execution of a will must be followed precisely.