What the rule says
Massachusetts adopted the MUPC framework for will execution effective March 31, 2012:
Attested wills (Mass. Gen. Laws ch. 190B § 2-502)
A valid Massachusetts attested will requires:
1. A writing. 2. The testator's signature. 3. Two competent witnesses. Each witness must sign the will within a reasonable time after observing the testator's signing or acknowledgment.
Massachusetts follows the UPC approach — witnesses do not need to sign in each other's presence and can sign within a reasonable time.
Harmless-error doctrine (§ 2-503)
Massachusetts adopted the harmless-error rule with the MUPC. A document failing formal execution can be probated if there is clear and convincing evidence of testamentary intent.
Holographic wills
Massachusetts does NOT generally recognize holographic wills (handwritten unwitnessed wills). Massachusetts is among the states that requires attestation for ordinary residents, with limited exceptions for members of the armed forces.
What this means in practice
- Attested wills with self-proving affidavits are the standard MA approach. - Harmless-error provides backup for defective documents with clear intent. - No holographic recognition — handwritten unwitnessed wills are not valid for ordinary MA residents.
What you can do about it
- Have two disinterested witnesses present. - Use the self-proving affidavit. - Sign at the end. - Avoid beneficiary witnesses. - Don't rely on handwritten unwitnessed documents.
Who this affects most
MA's framework is most relevant for:
- Anyone executing a will in Massachusetts - Out-of-state residents with handwritten unwitnessed wills (not generally valid in MA) - Estates with documents failing formalities but reflecting testamentary intent
The combination of UPC attested-will rules and harmless-error doctrine produces a relatively forgiving framework, though stricter than states recognizing holographic wills.