Generally speaking, a will must be executed following a whole host of formalities, in order for it to be found valid. For example, in Massachusetts will are governed by the Massachusetts Uniform Probate Code (“MUPC”). The reason most states require such formality is two fold. First, it prevents a fraudulent will, from being easily created. Second, it assures that the individual creating the will, the testator, knows unequivocally that this is what he or she is doing. What happens though, when a person is close to death, and – because he or she does not have a will – he or she quickly attempts to make up for this oversight, by scribbling a last-minute last will and testament, on a piece of paper, or other medium, and signs it? Enter holographic wills.

In one case, a man in Saskatchewan, Canada was stuck and dying underneath a tractor, and – using a pocket knife – the man scribbled his last will and testament on the fender of the tractor. The local judge ordered that portion of the tractor cut off, and the court honored the holographic will. There are many similar cases, throughout history, involving holographic wills.

Technically speaking, a holographic will is defined as a will and testament that has been entirely hand written and is signed by the testator. Some states allow these wills, as an exception to the standard formalities required, but not Massachusetts. Massachusetts does not honor holographic wills.

This is important to know, if you live in the state of Massachusetts. At some point, you may have heard some of these crazy stories, like the story of a man who used his own blood to draw up a last minute will, before dying. You could be convinced that if such unorthodox wills are allowed to be probated, your own will be. Do not be tricked!

Massachusetts allows one type of will; a will that has been properly signed, with two attesting witnesses! Anything less, and it won’t be worth the “tractor” it is printed on. The moral of the story is that, despite the relaxing of probate law in some of the other states, Massachusetts remains very formalistic. If you need a will, trying to do it yourself, even with online “legal” help, is a big mistake. Everyday in the Commonwealth, family members present wills that are not honored.

What happens when a person dies with a will that the state of Massachusetts does not find valid? The answer is unfortunate. When a person has a will that is not valid, the Commonwealth will treat their estate exactly the same as a person who died without a will. The Commonwealth will say that the person died intestate, and their estate will be divided up and distributed, according to the Massachusetts’ laws of intestacy.

Don’t let this happen to you. Call us today, to schedule a time to come in and discuss your estate plan. Your initial consultation is absolutely free and one-hundred percent confidential!