Do the Wishes of a Will for When to Distribute Assets Have to Be Followed?

Full question:

my father passed away and left my brother and i everything including stock portfolio, annuities, life insurance, etc. we divided everything up, and npw a copy of his will appeared and it said that 1/3 be given upon death, 1/3 given in 5 years and the remainder in 10 years. do we have to abide by the will or are they ways to get around the 1/3, 1/3 and 1/3. what are our legal options?

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: Massachusetts

Answer:

Typically, a will must be witnessed in the presence of the testator (person making his will). The witnesses are there to make sure it is the actual person and to verify that the person attested and subscribed the will.

In Massachusetts, in order for a will to be valid the following things must be satisfied:

1) The testator must be of sound mind and at least 18 years old;

2) The execution must be witnessed by two competent adults who are not beneficiaries;

3) The witnesses should be in the room when the testator signs and watch the actual signing of the document; and

4) A will with a self-proving affidavit (in which the witnesses acknowledge they witnessed the signing of the document by a testator who appeared to be old enough and of sound mind) must be notarized to be effective.
We suggest consulting a local attorney who can review all the facts and documents involved to determine the validity of the will. Generally, the executor or trustee has a fiduciary duty to distribute the assets according to the terms of the will unless its terms allow for modification.