Can a will in Massachusetts be witnessed after notarization?

Full question:

can a will be witnessed after it is notarized in ma.

  • Category: Wills and Estates
  • Subcategory: Witnesses
  • Date:
  • State: Massachusetts

Answer:

In Massachusetts, a will must be properly executed to be valid. Here are the key requirements:

  1. The testator (the person making the will) must be at least eighteen years old and of sound mind.
  2. Two competent adults who are not beneficiaries must witness the will.
  3. The witnesses should be present when the testator signs the will and must observe the signing.
  4. If the will includes a self-proving affidavit, it must be notarized to be effective.

Typically, the notary is present at the same time as the witnesses. Therefore, witnessing a will after it has been notarized does not align with these requirements.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A will can be deemed invalid in Massachusetts for several reasons. Common issues include the testator not being of sound mind or underage (less than 18 years old), failure to have two competent witnesses present during the signing, or if the will lacks proper execution as required by law. Additionally, if the will is not signed by the testator or if it is improperly revoked, it may also be invalid. Always ensure compliance with Massachusetts law to avoid invalidation.