In order to be valid in Massachusetts a will must meet certain requirements. These requirements help to ensure that the distributions in the will are the express wishes of the testator so they can be followed to the fullest extent possible.
First, in order to be valid the will must be in writing. This means that the will must be either typed or handwritten and helps establish definite terms for the personal representative to follow when distributing assets. This avoids the need to gather second-hand, and potentially incorrect, information regarding the wishes of the testator.
Second, the will must be signed by the testator, who must be at least eighteen years of age and be mentally competent. This allows the testator to confirm his wishes and shows that he has read and comprehended the plan for the distribution of his assets once he dies.
Third, the will must be signed by two competent, disinterested witnesses who are at least eighteen years of age. The testator must sign his name in the presence of these two competent and disinterested witnesses who then sign the will as well, confirming that the testator actually signed the document. The requirement that the witnesses be disinterested means that they are neither related to the testator nor married to a relative of the testator, nor may they be named beneficiaries under the will or related to a named beneficiary.
There is no express requirement that a will be notarized. However, wills can include a self-proving affidavit. Self-proving affidavits are additional sections in a will that validate the signatures of the witnesses when the will is probated, without the need of additional testimony from those witnesses. In order to be valid, a self-proving affidavit must be notarized. A self-proving affidavit is a sworn statement by the witnesses that they not only saw the testator sign the will, but that the testator was to the best of their knowledge eighteen years of age or older, of sound mind, and under no constraint or undue influence
