The Importance of Having a Will

Having a will promotes peace of mind and satisfaction during life. It gives us the comfort of knowing that upon our death, our property will be disposed of as we see fit. Many of us make the mistake of putting off writing a will because it forces us to confront our own mortality. However, it is important to remember that since we can’t take our property with us, it is best to carefully arrange for its disposition.

Inheritance law is almost entirely a creature of state law. In Massachusetts, there are several important reasons to have a will.  First of all, if you die without a will, your property will pass through intestacy.  Writing a will allows you to opt out of the intestacy statute. Although the intestacy statute is an attempt to respect the popular preferences of most people, you may have a different idea of how you want to leave your property. Writing a will gives you that control. Secondly, if you have a child, it is imperative that you make a will to appoint a guardian. Third, if you own real property, having a will can be extremely important. The essential function of probate is to clear title. This will go much more quickly if there is a will. Next, you should know that holographic wills are not valid in Massachusetts. A holographic will is one that is in the handwriting of the testator without a witness. Further, nuncupative wills, which are oral dispositions of property, can only be used by soldiers or mariners in actual service or at sea. The list of reasons to have a proper will goes on and on.

It’s important to remember that a will is the last statement that you will make on earth, and you should therefore make sure that it is carefully drafted. It helps to have a thoughtful and skilled attorney guide and assist you. To discuss your estate planning needs, contact the experienced attorneys at Fields & Dennis, LLP at 781.489 6776.