MASSACHUSETTS WILL INSTRUCTIONS
1. This Will is designed to be completed on your computer. To do so, use your mouse
and click on each field, which will be highlighted in gray. This will replace the gray with the
words you type.
Example: ___________[1]__________________ will become JOHN DOE.
2. Article / Field Completion Instructions
Field [1] - Your name.
Field [2] - Your name
Field [3] - Your County of Residence.
Article One
Field [4] - Type the name of person you reside with.
Field [5] & [6] - Type the name and birth date of your 1 st
adult child.
Field [7] & [8]- Type the name and birth date of your 2 nd
adult child.
Field [9] & {10}- Type the name and birth date of your 3 rd
adult child.
You may delete the fields not used. So, if you only have one adult child, delete
the other fields.
Article Three
This article is for you to specify specific property to go to a specific person. If
you do not leave any, type none and delete the fields.
Field [11] - Type name.
Field [12] - Type street address.
Field [13] - Additional Address line.
Field [14] - City, State, Zip.
Field [15] - Relationship.
Field [16] - Describe the property to go to this person.
Field [17] - Type name.
Field [18] - Type street address.
Field [19] - Additional Address line.
Field [20] - City, State, Zip.
Field [21] - Relationship.
Field [22] - Describe the property
Field [23] - Type name.
Field [24] - Type street address.
Field [25] - Additional Address line.
Field [26] - City, State, Zip.
Field [27] - Relationship.
Field [28] - Describe the property
Article Four
This article is for you to leave your homestead, if you have one on the date of
death, to persons designated. If you leave it to anyone other than your children, check the
box in front of field 29, and then type the name of the person to receive in field 29. To make
the checkbox work, double click on top of it and select checked.
Field [29] - Type name of person to receive homestead, if other than
children.
Field [30] - Type name(s) of children if you select this option.
Note: If your home is jointly owned with another and held as joint tenants with
rights of survivorship, the home will pass to the survivor and will not be controlled by your
will. If this is the case, name the joint tenant in field 29.
Article Five
This article is for you to leave all the rest and remainder of your property,
except your homestead and any special items you listed in Article Three. If you leave it to
anyone other than your children, check the box in front of field 31 and then type the name of
the person to receive in field 31. To make the checkbox work, double-click on top of it and
select checked.
Field [31] - Type name of person to receive all other property, if other
than your children.
Field [32] - Type name(s) of children if children are to receive the rest
and remainder of your property.
Article Six
This article is necessary if you named someone other than your children in
Article 4 or 5, and should be completed regardless in order to avoid confusion. If you named
a person other than your children in Articles 4 or 5, this article says that if that person
predeceases you, your property will instead go to your children.
Field [33] - Type name(s) of children.
Article Seven
This article is for you to name your personal representative. This must be an
adult, and can be the person with whom you live.
Field [34] - Type name of Personal Representative.
Field [35] - Type name of successor Personal Representative.
Article Eleven
All parts of Article 11 are optional. Complete as desired. Be sure to write your
initials for any of these items you desire to apply.
Field [36] - Type name of Cemetery.
Field [37] - Type County.
Field [38] - Type State.
Ending and Signature
Field [39] - Your name, followed by witness names, date, and address
of the act of signing.
Field [40] - Your name.
Field [41] - Your name.
Field [42] - Your name.
Field [43] - Your name.
Field [44] - Your name.
All other blanks in the Will are typically completed by hand, such as the names of the
witnesses, day, month and year executed, etc.
Once you have completed the Will double check all entries and then print. The Will
should be signed by you in front of two witnesses, not related to you.
The self-proving affidavit is optional but recommended. It is used to prove the Will
and make the Will subject to probate. If the affidavit is not completed now, someone will
have to locate the witnesses after your death and obtain an affidavit. Therefore, it is best to
sign the Will in the present of two witnesses AND a notary public so that the affidavit can be
completed by the Notary.
You should keep your Will in a safe place once executed. It is also recommended that
you give a copy to your executor or other person as additional proof of execution.
For additional information, see the Law Summary and Information and Preview links in
the search results for this form. A Definitions section is linked on the Information and
Preview page.
BASIC INFORMATION
What is a Will? A Will is a document
which provides who is to receive your
property at death, who will administer your estate, the appointment of trustees and
guardians, if applicable, and other
provisions.
Who may make a Will? Generally, any
person 18 years or older of sound mind
may make a Will. (Some states allow
persons under 18 to make a Will)
What happens if I die without a Will? If
you die without a will you are an intestate.
In such a case, state laws govern who
receives your property. These laws are
called "intestate succession laws". If you
die without a Will, the Court decides who
will administer your estate. Generally, it is
more expensive to administer an estate of
a person who died without a Will, than a
person who dies with a Will.
General
When making a Will you need to consider
who will be named as your personal
representative or executor to administer
your estate, who you will name as guardian
and trustee of minor children if your spouse
does not survive you and who will receive
your property. You should also consider
tax issues. The person appointed as
executor or administrator is often your
spouse, but you should also name an
alternate, in case your spouse
predeceases you. The person you name
should be a person you can trust and who
will get along with the beneficiaries named
in the Will.
In the event your spouse predeceases you,
the guardian you name will have actual
custody of your minor children unless a
court appoints someone else. The trustee
you appoint to administer a trust you
established will be in charge of the assets
of the trust for the benefit of the minor
beneficiaries.
Generally, a Will must be signed in the
presence of at least two witnesses (three
for Vermont) who also sign the Will. A
notary public will also need to sign if the
Will contains a self-proving affidavit.
Generally, a self-proving affidavit allows
the Will to be admitted to probate without
other evidence of execution.
Joint Property: Many people do not
understand that joint property may pass
outside your Will and also sometimes
assume that it will pass through their Will.
They do not understand the significance of
joint ownership. The issue is common in
the following areas, provided as examples:
(a) Real Estate: Often, a husband
and wife will own real estate as joint tenants with rights of survivorship. If one
party dies, the surviving party receives the
property regardless of what the Will
provides. This is common and generally
acceptable. However, if this is not your
desire you should change the ownership of
the property to tenants in common or other
form of ownership. If you own real estate
as tenants in common, then you may
designate who will receive your share of
the property at your death. This issue can
be a problem when uninformed persons
take title to real estate as joint tenants with
rights of survivorship but really intended to
leave their share to, for example, children
of a prior marriage.
(b) Bank Accounts/Certificates of Deposit,
Stock, Retirement Plans, IRA’s and
other type Property: The same
ownership as real estate can be made of
these investments. In fact, many Banks
routinely place Bank accounts and
Certificates of Deposit in the joint tenant
with right of survivorship form of
ownership if more than one person is on
the account or CD, without advising you
of the consequence of same. In
situations where the persons are husband
and wife and there is no issue or concern
over divorce or children from previous
marriages, this may be the best course of
action. However, with divorce on the rise,
premarital agreements and multiple
marriages being common, the parties may
be doing something that was not their
intent. Another common problematic
situation is where a parent has more than
one child but only one child resides in the
home town of the parent. The parent may
place the name of the child who resides
there on all accounts, CD’s and other
investments for convenience reasons and
establish a joint tenant with right of
survivorship situation without realizing that
only that child will be entitled to those
assets at the parent’s death. Simply put,
you should be aware when you acquire an
asset or investment exactly how it is titled.
For additional information, see the Law Summary and Information and Preview links in
the search results for this form. A Definitions section is also linked on the Information
and Preview page.
DISCLAIMER/LICENSE/LIABILITY LIMITATION
All forms in this package are provided without any warranty, express or implied, as
to their legal efect and completeness. Please use at your own risk. If you have a
serious legal problem we suggest that you consult an attorney. U.S. Legal Forms,
Inc. does not provide legal advice. The products ofered by U.S. Legal Forms (USLF)
are not a substitute for the advice of an attorney.
Your Wills start on the next page.
- 5 -
LAST WILL AND TESTAMENT OF
_________________[1]__________________
BE IT KNOWN THIS DAY THAT,
I, ____________[2]_________________ , of _______[3]___________ County,
Massachusetts, being of legal age and of sound and disposing mind and memory, and not
acting under duress, menace, fraud, or undue influence of any person, do make, declare and
publish this to be my Will and hereby revoke any Will or Codicil I may have made.
ARTICLE ONE
Marriage and Children
I am not married. I reside with _____________[4]________________ . I am a parent
of the following adult children:
Name Date of Birth
______________[5]_______________ _______[6]___________
______________[7]_______________ _______[8]___________
______________[9]_______________ _______[10]___________
ARTICLE TWO
Debts and Expenses
I direct my Personal Representative to pay all costs and expenses of my last illness and
funeral expenses. I further direct my Personal Representative to pay all of my just debts that
may be probated, registered, and allowed against my estate. However, this provision shall not
extend the statute of limitations for the payment of debts, or enlarge upon my legal obligation
or any statutory duty of my Personal Representative to pay debts.
ARTICLE THREE
Specific Bequests of Real and/or Personal Property
I will, give and bequeath unto the persons named below, if he or she survives me, the
Property described below:
Name Address Relationship
[11] [12]
[13]
[14] [15]
Property: [16]
Name Address Relationship
[17] [18]
[19]
[20] [21]
Property: [22]
Signed by Testator/Testatrix: __________________________________ - 1 -
Name Address Relationship
[23] [24]
[25]
[26] [27]
Property: [28]
[LIST OR STATE NO PROPERTY LEFT UNDER THIS ARTICLE]
In the event I name a person in this Article and said person predeceases me, the
bequest to such person shall lapse and the property shall pass under the other provisions of
this Will. In the event that I do not possess or own any property listed above on the date of my
death, the bequest of that property shall lapse.
ARTICLE FOUR
Homestead or Primary Residence
I will, devise and bequeath all my interest in my homestead or primary residence, if I
own a homestead or primary residence on the date of my death that passes through this Will,
to:
(select and complete only one)
_____________[29]________________
OR
_____________[30]________________ , my children, equally, per stirpes.
If the person or persons, does not survive me, then my homestead or primary residence
shall pass under the residuary clause of this Will.
ARTICLE FIVE
All Remaining Property – Residuary Clause
I will, devise, bequeath and give all the rest and remainder of my property and estate of
every kind and character, including, but not limited to, real and personal property in which I
may have an interest at the date of my death, and which is not otherwise effectively disposed
of, to:
(select and complete only one)
_____________[31]________________
OR
_____________[32]________________ , my children, equally, per stirpes.
ARTICLE SIX
Contingent - All Remaining Property – Residuary Clause
In the event that I name a person other than my children in Article Five and that person
shall predecease me, I will, devise, bequeath and give all the rest and remainder of my
property and estate of every kind and character, including, but not limited to, real and personal
property in which I may have an interest at the date of my death, and which is not otherwise
effectively disposed of, to my children: _____________[33]________________ . If I have more
than one child, I leave my property to them, equally, per stirpes.
Signed by Testator/Testatrix: __________________________________ - 2 -
ARTICLE SEVEN
Appointment of Personal Representative, Executor or Executrix
I hereby appoint _____________[34]________________ , as Personal Representative
of my estate and this Will. In the event my Personal Representative shall predecease me, or,
for any reason, shall fail to qualify or cease to act as my Personal Representative, then I
hereby appoint ______________[35]_______________ to serve as successor Personal
Representative of my estate and Will.
The term “Personal Representative”, as used in this Will, shall be deemed to mean and
include “Personal Representative”, “Executor” or “Executrix”.
ARTICLE EIGHT
Waiver of Bond, Inventory, Accounting, Reporting and Approval
My Personal Representative and successor Personal Representative shall serve
without any bond, and I hereby waive the necessity of preparing or filing any inventory,
accounting, appraisal, reporting, approvals or final appraisement of my estate.
ARTICLE NINE
Powers of Personal Representative, Executor and Executrix
I direct that my Personal Representative shall have broad discretion in the
administration of my Estate, without the necessity of court approval. I grant unto my Personal
Representative, all powers that are allowed to be exercised by Personal Representatives by
the laws of the State of Massachusetts and to the extent not prohibited by the laws of
Massachusetts, the following additional powers:
1. To exercise all of the powers, rights and discretions granted by virtue of any
"Uniform Trustees' Powers Law," and/or “Probate Code” adopted by the State of
Massachusetts.
2. To compromise claims and to abandon property which, in my Executor’s opinion, is
of little or no value.
3. To purchase or otherwise acquire and to retain any and all stocks, bonds, notes or
other securities, or shares or interests in investment trusts and common trust funds, or in any
other property, real, personal or mixed, as my Personal Representative may deem advisable,
whether or not such investments or property be of the character permissible by fiduciaries,
without being liable to any person for such retention or investment.
4. To settle, adjust, dissolve, windup, or continue any partnership or other entity in
which I may own a partnership or equity interest at the time of my death, subject, however, to
the terms of any partnership or other agreement to which I am a party at the time of my death.
I authorize my Personal Representative to continue in any partnership or other entity for such
periods and upon such terms as they shall determine. My Personal Representative shall not be
disqualified by reason of being a partner, equity owner or title holder in such firm from
participating on behalf of my estate in any dealings herein authorized to be carried on between
my Personal Representative and the partners or equity owners of any such partnership or
other entity.
5. To lease, sell, or offer on a lease purchase, any real or personal property for such
Signed by Testator/Testatrix: __________________________________ - 3 -
time and upon such terms and conditions in such manner as may be deemed advisable by my
Personal Representative, all without court approval.
6. To sell, exchange, assign, transfer and convey any security or property, real or
personal, held in my estate, or in any trust, at public or private sale, at such time and price and
upon such terms and conditions (including credit) as my Personal Representative may deem
advisable and for the best interest of my estate, or any trust. I hereby waive any requirement of
issuing summons, giving notice of any hearing, conducting or holding any such hearing, filing
bond or other security, or in any way obtaining court authority or approval for any such sale,
exchange, assignment, transfer, or conveyance of any real or personal property.
7. To pay all necessary expenses of administering the estate and any trust, including
taxes, trustees' fees, fees for the services of accountants, agents and attorneys, and to
reimburse said parties for expenses incurred on behalf of the estate or any trust hereunder.
8. Unless otherwise specifically provided, to make distributions (including the
satisfaction of any pecuniary bequest) in cash or in specific property, real or personal, or in an
undivided interest therein, or partly in cash and partly in other property, and to do so with or
without regard to the income tax basis of specific property allocated to any beneficiary, and
without making pro rata distributions of specific assets.
9. To determine what is principal and what is income with respect to all receipts and
disbursements; to establish and maintain reserves for depreciation, depletion, obsolescence,
taxes, insurance premiums, and any other purpose deemed necessary and proper by them
and to partite and to distribute property of the estate or trust in kind or in undivided interests,
and to determine the value of such property.
10. To participate in any plan of reorganization, consolidation, dissolution, redemption,
or similar proceedings involving assets comprising my estate or any trust created hereunder,
and to deposit or withdraw securities under any such proceedings.
11. To perform such acts, to participate in such proceedings and to exercise such
other rights and privileges in respect to any property, as if she or he were the absolute owner
thereof, and in connection therewith to enter into and execute any and all agreements binding
my estate and any trust created hereunder.
12. To compromise, settle or adjust any claim or demand by or against my estate, or
any trust, to litigate any such claims, including, without limitation, any claims relating to estate
or income taxes, or agree to rescind or modify any contract or agreement.
13. To borrow money from such source or sources and upon such terms and
conditions as my Personal Representative shall determine, and to give such security therefore
as my Personal Representative may determine.
All authorities and powers hereinabove granted unto my Personal Representative shall
be exercised from time to time in her or his sole and absolute discretion and without prior
authority or approval of any court, and I intend that such powers be construed in the broadest
possible extent.
ARTICLE TEN
Signed by Testator/Testatrix: __________________________________ - 4 -
Construction Intentions
It is my intent that this Will be interpreted according to the following provisions:
1. The masculine gender shall be deemed to include the feminine as well as the
neuter, and vice versa, as to each of them; the singular shall be deemed to include the plural,
and vice versa.
2. The term “testator” as used herein is deemed to include me as Testator or
Testatrix.
3. This Will is not a result of a contract between myself and any beneficiary,
fiduciary or third party, and I may revoke this Will at any time.
4. If any part of this Will shall be declared invalid, illegal, or inoperative for any
reason, it is my expressed intent that the remaining parts shall be effective and fully operative
and it is my intent that any Court so interpreting same construct this Will and any provision in
favor of survival.
ARTICLE ELEVEN
Misc. Provisions
I direct that this Will and the construction thereof shall be governed by the Laws of the
State of Massachusetts.
(I have placed my initials next to the provisions below that I desire to adopt. Unmarked
provisions are not adopted by me and are not a part of this Will)
________ If any person named herein is indebted to me at the time of my death and such
indebtedness be evidenced by a valid Promissory Note payable to me, then such person’s
portion of my estate shall be diminished by the amount of such debt.
________ Any and all debts of my estate shall first be paid from my residuary estate. Any
debts on any real property left herein shall be assumed by the person to receive such real
property and not paid by my Personal Representative.
_________ I desire to be buried in the _______[36]___________ cemetery in
_______[37]___________ County, ____________[38]_________________ .
_________ I direct that my remains be cremated and that the ashes be disposed of according
to the wishes of my Executor.
I, ____________[39]_________________ , having signed this Will in the presence of
_____________________________ and ________________________________ who
attested it at my request on this the _____ day of _____________, 20_____ at
____________________________________________________________(address), declare
this to be my Last Will and Testament.
________________________________
Testator/Testatrix
The above and foregoing Will of ___________[40]__________________ was declared
by ___________[41]__________________ in our view and presence to be his/her Will and
Signed by Testator/Testatrix: __________________________________ - 5 -
was signed and subscribed by the said ____________[42]_________________ in our view
and presence and at his/her request and in the view and presence of
_____________[43]_____________ and in the view and presence of each other, we, the
undersigned, witnessed and attested the due execution of the Will of
____________[44]_________________ on this the _____day of ___________________,
20__.
_____________________________________ __________________________________________
Witness Signature Witness Signature
Print Name: ______________________________ Print Name: _________________________________
Address: ________________________________ Address: ____________________________________
________________________________________ ___________________________________________
Telephone No. ___________________________ Telephone No.
_______________________________
Signed by Testator/Testatrix: __________________________________ - 6 -
Massachusetts Self Proving Affidavit
We, _____________________________ , _____________________________ and
_____________________________ the testator/testatrix and the witnesses, respectively,
whose names are signed to the attached or foregoing instrument, being first duly sworn, do
hereby declare to the undersigned authority that the testator/testatrix signed and executed the
instrument as the testator’s/testatrix’s Will and that he/she had signed willingly (or willingly
directed another to sign for him/her) and that he/she executed it a his/her free and voluntary
act for the purposes therein expressed, and that each of the witnesses, in the presence and
hearing of the testator, signed the Will as witnesses and that to the best of his/her knowledge
the testator/testatrix was at that time 18 years of age or older, of sound mind, and under no
constraint or undue influence.
______________________________________
NAME (Testator/Testatrix)
Typed Name: ______________________________________
________________________________________
_
WITNESS
ADDRESS: _______________________________
________________________________________
________________________________________
_
WITNESS
ADDRESS: _______________________________
________________________________________
STATE OF Massachusetts
COUNTY OF _____________
Subscribed, sworn to and acknowledged before me by
_____________________________ the testator/testatrix and subscribed and sworn to
before me by _____________________, and ______________________, witnesses this
__________ day of __________________ , 20 _____ A.D.
_______________________________
NOTARY PUBLIC
SEAL
My Commission Expires:
_________________________________
Massachusetts Self Proving Affidavit: G.L.Ch. 190B, § 2-504
LAST WILL AND TESTAMENT OF
_________________[1]__________________
BE IT KNOWN THIS DAY THAT,
I, ____________[2]_________________ , of _______[3]___________ County,
Massachusetts, being of legal age and of sound and disposing mind and memory, and not
acting under duress, menace, fraud, or undue influence of any person, do make, declare and
publish this to be my Will and hereby revoke any Will or Codicil I may have made.
ARTICLE ONE
Marriage and Children
I am not married. I reside with _____________[4]________________ . I am a parent
of the following adult children:
Name Date of Birth
______________[5]_______________ _______[6]___________
______________[7]_______________ _______[8]___________
______________[9]_______________ _______[10]___________
ARTICLE TWO
Debts and Expenses
I direct my Personal Representative to pay all costs and expenses of my last illness and
funeral expenses. I further direct my Personal Representative to pay all of my just debts that
may be probated, registered, and allowed against my estate. However, this provision shall not
extend the statute of limitations for the payment of debts, or enlarge upon my legal obligation
or any statutory duty of my Personal Representative to pay debts.
ARTICLE THREE
Specific Bequests of Real and/or Personal Property
I will, give and bequeath unto the persons named below, if he or she survives me, the
Property described below:
Name Address Relationship
[11] [12]
[13]
[14] [15]
Property: [16]
Name Address Relationship
[17] [18]
[19]
[20] [21]
Property: [22]
Signed by Testator/Testatrix: __________________________________ - 1 -
Name Address Relationship
[23] [24]
[25]
[26] [27]
Property: [28]
[LIST OR STATE NO PROPERTY LEFT UNDER THIS ARTICLE]
In the event I name a person in this Article and said person predeceases me, the bequest to
such person shall lapse and the property shall pass under the other provisions of this Will. In
the event that I do not possess or own any property listed above on the date of my death, the
bequest of that property shall lapse.
ARTICLE FOUR
Homestead or Primary Residence
I will, devise and bequeath all my interest in my homestead or primary residence, if I
own a homestead or primary residence on the date of my death that passes through this Will,
to:
(select and complete only one)
_____________[29]________________
OR
_____________[30]________________ , my children, equally, per stirpes.
If the person or persons, does not survive me, then my homestead or primary residence
shall pass under the residuary clause of this Will.
ARTICLE FIVE
All Remaining Property – Residuary Clause
I will, devise, bequeath and give all the rest and remainder of my property and estate of
every kind and character, including, but not limited to, real and personal property in which I
may have an interest at the date of my death, and which is not otherwise effectively disposed
of, to:
(select and complete only one)
_____________[31]________________
OR
_____________[32]________________ , my children, equally, per stirpes.
ARTICLE SIX
Contingent - All Remaining Property – Residuary Clause
In the event that I name a person other than my children in Article Five and that person
shall predecease me, I will, devise, bequeath and give all the rest and remainder of my
property and estate of every kind and character, including, but not limited to, real and personal
property in which I may have an interest at the date of my death, and which is not otherwise
effectively disposed of, to my children: _____________[33]________________ . If I have more
than one child, I leave my property to them, equally, per stirpes.
Signed by Testator/Testatrix: __________________________________ - 2 -
ARTICLE SEVEN
Appointment of Personal Representative, Executor or Executrix
I hereby appoint _____________[34]________________ , as Personal Representative
of my estate and this Will. In the event my Personal Representative shall predecease me, or,
for any reason, shall fail to qualify or cease to act as my Personal Representative, then I
hereby appoint ______________[35]_______________ to serve as successor Personal
Representative of my estate and Will.
The term “Personal Representative”, as used in this Will, shall be deemed to mean and
include “Personal Representative”, “Executor” or “Executrix”.
ARTICLE EIGHT
Waiver of Bond, Inventory, Accounting, Reporting and Approval
My Personal Representative and successor Personal Representative shall serve
without any bond, and I hereby waive the necessity of preparing or filing any inventory,
accounting, appraisal, reporting, approvals or final appraisement of my estate.
ARTICLE NINE
Powers of Personal Representative, Executor and Executrix
I direct that my Personal Representative shall have broad discretion in the
administration of my Estate, without the necessity of court approval. I grant unto my Personal
Representative, all powers that are allowed to be exercised by Personal Representatives by
the laws of the State of Massachusetts and to the extent not prohibited by the laws of
Massachusetts, the following additional powers:
1. To exercise all of the powers, rights and discretions granted by virtue of any
"Uniform Trustees' Powers Law," and/or “Probate Code” adopted by the State of
Massachusetts.
2. To compromise claims and to abandon property which, in my Executor’s opinion, is
of little or no value.
3. To purchase or otherwise acquire and to retain any and all stocks, bonds, notes or
other securities, or shares or interests in investment trusts and common trust funds, or in any
other property, real, personal or mixed, as my Personal Representative may deem advisable,
whether or not such investments or property be of the character permissible by fiduciaries,
without being liable to any person for such retention or investment.
4. To settle, adjust, dissolve, windup, or continue any partnership or other entity in
which I may own a partnership or equity interest at the time of my death, subject, however, to
the terms of any partnership or other agreement to which I am a party at the time of my death.
I authorize my Personal Representative to continue in any partnership or other entity for such
periods and upon such terms as they shall determine. My Personal Representative shall not be
disqualified by reason of being a partner, equity owner or title holder in such firm from
participating on behalf of my estate in any dealings herein authorized to be carried on between
my Personal Representative and the partners or equity owners of any such partnership or
other entity.
Signed by Testator/Testatrix: __________________________________ - 3 -
5. To lease, sell, or offer on a lease purchase, any real or personal property for such
time and upon such terms and conditions in such manner as may be deemed advisable by my
Personal Representative, all without court approval.
6. To sell, exchange, assign, transfer and convey any security or property, real or
personal, held in my estate, or in any trust, at public or private sale, at such time and price and
upon such terms and conditions (including credit) as my Personal Representative may deem
advisable and for the best interest of my estate, or any trust. I hereby waive any requirement of
issuing summons, giving notice of any hearing, conducting or holding any such hearing, filing
bond or other security, or in any way obtaining court authority or approval for any such sale,
exchange, assignment, transfer, or conveyance of any real or personal property.
7. To pay all necessary expenses of administering the estate and any trust, including
taxes, trustees' fees, fees for the services of accountants, agents and attorneys, and to
reimburse said parties for expenses incurred on behalf of the estate or any trust hereunder.
8. Unless otherwise specifically provided, to make distributions (including the
satisfaction of any pecuniary bequest) in cash or in specific property, real or personal, or in an
undivided interest therein, or partly in cash and partly in other property, and to do so with or
without regard to the income tax basis of specific property allocated to any beneficiary, and
without making pro rata distributions of specific assets.
9. To determine what is principal and what is income with respect to all receipts and
disbursements; to establish and maintain reserves for depreciation, depletion, obsolescence,
taxes, insurance premiums, and any other purpose deemed necessary and proper by them
and to partite and to distribute property of the estate or trust in kind or in undivided interests,
and to determine the value of such property.
10. To participate in any plan of reorganization, consolidation, dissolution, redemption,
or similar proceedings involving assets comprising my estate or any trust created hereunder,
and to deposit or withdraw securities under any such proceedings.
11. To perform such acts, to participate in such proceedings and to exercise such
other rights and privileges in respect to any property, as if she or he were the absolute owner
thereof, and in connection therewith to enter into and execute any and all agreements binding
my estate and any trust created hereunder.
12. To compromise, settle or adjust any claim or demand by or against my estate, or
any trust, to litigate any such claims, including, without limitation, any claims relating to estate
or income taxes, or agree to rescind or modify any contract or agreement.
13. To borrow money from such source or sources and upon such terms and
conditions as my Personal Representative shall determine, and to give such security therefore
as my Personal Representative may determine.
All authorities and powers hereinabove granted unto my Personal Representative shall
be exercised from time to time in her or his sole and absolute discretion and without prior
authority or approval of any court, and I intend that such powers be construed in the broadest
possible extent.
Signed by Testator/Testatrix: __________________________________ - 4 -
ARTICLE TEN
Construction Intentions
It is my intent that this Will be interpreted according to the following provisions:
1. The masculine gender shall be deemed to include the feminine as well as the
neuter, and vice versa, as to each of them; the singular shall be deemed to include the plural,
and vice versa.
2. The term “testator” as used herein is deemed to include me as Testator or
Testatrix.
3. This Will is not a result of a contract between myself and any beneficiary,
fiduciary or third party, and I may revoke this Will at any time.
4. If any part of this Will shall be declared invalid, illegal, or inoperative for any
reason, it is my expressed intent that the remaining parts shall be effective and fully operative
and it is my intent that any Court so interpreting same construct this Will and any provision in
favor of survival.
ARTICLE ELEVEN
Misc. Provisions
I direct that this Will and the construction thereof shall be governed by the Laws of the
State of Massachusetts.
(I have placed my initials next to the provisions below that I desire to adopt. Unmarked
provisions are not adopted by me and are not a part of this Will)
________ If any person named herein is indebted to me at the time of my death and such
indebtedness be evidenced by a valid Promissory Note payable to me, then such person’s
portion of my estate shall be diminished by the amount of such debt.
________ Any and all debts of my estate shall first be paid from my residuary estate. Any
debts on any real property left herein shall be assumed by the person to receive such real
property and not paid by my Personal Representative.
_________ I desire to be buried in the _______[36]___________ cemetery in
_______[37]___________ County, ____________[38]_________________ .
_________ I direct that my remains be cremated and that the ashes be disposed of according
to the wishes of my Executor.
I, ____________[39]_________________ , having signed this Will in the presence of
_____________________________ and ________________________________ who
attested it at my request on this the _____ day of _____________, 20_____ at
____________________________________________________________(address), declare
this to be my Last Will and Testament.
________________________________
Testator/Testatrix
The above and foregoing Will of ___________[40]__________________ was declared
Signed by Testator/Testatrix: __________________________________ - 5 -
by ___________[41]__________________ in our view and presence to be his/her Will and
was signed and subscribed by the said ____________[42]_________________ in our view
and presence and at his/her request and in the view and presence of
_____________[43]_____________ and in the view and presence of each other, we, the
undersigned, witnessed and attested the due execution of the Will of
____________[44]_________________ this the _____day of ___________________, 20__.
_____________________________________ __________________________________________
Witness Signature Witness Signature
Print Name: ______________________________ Print Name: _________________________________
Address: ________________________________ Address: ____________________________________
________________________________________ ___________________________________________
Telephone No. ___________________________ Telephone No.
_______________________________
Signed by Testator/Testatrix: __________________________________ - 6 -
Massachusetts Self Proving Affidavit
We, _____________________________ , _____________________________ and
_____________________________ the testator/testatrix and the witnesses, respectively,
whose names are signed to the attached or foregoing instrument, being first duly sworn, do
hereby declare to the undersigned authority that the testator/testatrix signed and executed the
instrument as the testator’s/testatrix’s Will and that he/she had signed willingly (or willingly
directed another to sign for him/her) and that he/she executed it a his/her free and voluntary
act for the purposes therein expressed, and that each of the witnesses, in the presence and
hearing of the testator, signed the Will as witnesses and that to the best of his/her knowledge
the testator/testatrix was at that time 18 years of age or older, of sound mind, and under no
constraint or undue influence.
______________________________________
NAME (Testator/Testatrix)
Typed Name: ______________________________________
________________________________________
_
WITNESS
ADDRESS: _______________________________
________________________________________
________________________________________
_
WITNESS
ADDRESS: _______________________________
________________________________________
STATE OF Massachusetts
COUNTY OF _____________
Subscribed, sworn to and acknowledged before me by
_____________________________ the testator/testatrix and subscribed and sworn to
before me by _____________________, and ______________________, witnesses this
__________ day of __________________ , 20 _____ A.D.
_______________________________
NOTARY PUBLIC
SEAL
My Commission Expires:
_________________________________
Massachusetts Self Proving Affidavit: G.L.Ch. 190B, § 2-504 - 1 -
