Does a will need to be witnessed in Massachusetts?

Yes, Massachusetts requires a will to be witnessed by at least two individuals. Witnesses play an important role in establishing the validity of the document and helping confirm that the person signing the will did so voluntarily and with the necessary mental capacity.

The witnesses must observe the signing of the will or witness the testator acknowledge their signature. Afterward, the witnesses sign the will themselves.

Witnesses should be disinterested, meaning they should not receive anything under the will and should have no personal financial interest in its outcome. Using disinterested witnesses helps avoid potential conflicts of interest and reduces the risk of challenges to the will during probate. As a best practice, beneficiaries should never serve as witnesses to a will.

Proper witnessing is one of the most important formal requirements for a valid Massachusetts will. If a will is not properly witnessed, it may be challenged during probate or potentially deemed invalid.

Because these requirements can have significant consequences, many individuals choose to execute their wills under the supervision of an estate planning attorney to ensure all formalities are satisfied.