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Many people assume that creating a will is the same as having an estate plan. While a will is an important starting point, relying on it alone often leaves families exposed to confusion, court delays, unnecessary taxes, and missed planning opportunities.
In Massachusetts, dying without a valid will, known as dying intestate, means state law decides who inherits your property. That outcome rarely reflects what someone would have chosen for their family. Even when a will exists, common mistakes can undermine its effectiveness and create stress for loved ones.
Below are five of the most common mistakes we see when people write a will in Massachusetts and why a broader estate planning approach matters.
Mistake 1: Not Using a Properly Executed Legal Will
For a will to be valid in Massachusetts, strict legal requirements must be met. If even one is missed, the document may be unenforceable and state intestacy laws may apply instead.
A valid will generally must be:
- In writing
- Signed and dated by the person making the will
- Witnessed by two disinterested individuals
- Executed by someone with legal capacity and free from undue influence
Do-it-yourself or informal wills often fail to meet these standards. When that happens, families may be forced into probate court to sort out issues the will was meant to resolve.
This is one reason we caution families against viewing a will as a standalone solution. If the will is not valid, then Massachusetts intestacy laws will apply.
Mistake 2: Failing to Update the Will as Life Changes
Life is not set in stone, and neither is your will. When major events occur and milestones are reached, that’s a good indication that it’s time to review and potentially update your will. These are a few examples of when it’s time to revise:
- Marriage
- Divorce
- Birth or adoption of a child or grandchild
- Death of a spouse, child, or beneficiary
- Death or other changes affecting the personal representative (executor of the will)
- Major changes in financial status (e.g., acquiring new investments or declaring bankruptcy)
- Buying or selling real property and other major assets
- Changes in state or federal tax or estate laws
- Relocating to another state or country
- Retirement
- Becoming disabled or ill
For example, in Massachusetts, a divorce automatically revokes provisions benefiting a former spouse. However, the law does not automatically replace those provisions with new instructions. Without updates, gaps are left for the court to resolve.
Even without major changes, reviewing your plan every few years helps ensure it still reflects your wishes and complies with current law.
Mistake 3: Using Vague Language or Unclear Language
Ambiguous, unclear, or vague language in a will is a major problem because it can be interpreted in more than one way. This may allow ambitious individuals to take advantage of the lack of clarity and attempt to gain something from your will that you never intended them to have. A classic example is simply referring to your assets as “my property” without enough clarity to distinguish between real and personal property.
Another example is including a provision to give “all my jewelry” to a particular beneficiary. While most people have a general understanding of what is or is not jewelry, this phrase may be overly broad and could be interpreted to include items that are not really jewelry. For example, is an Apple Watch considered jewelry or an electronic device? An ambitious lawyer could easily argue either way, casting the inheritance in doubt.
Make sure you also use full legal names when referring to beneficiaries, personal representatives, guardians, and others. Don’t use nicknames or generic names (e.g., deciding to donate a portion of your estate to “college” or “my alma mater”). The more precise you are with the names you use, the harder it is for someone to circumvent your intentions.
Mistake 4: Overlooking Massachusetts Estate Taxes
Many people assume estate taxes only affect the ultra-wealthy. In Massachusetts, that assumption is often incorrect.
While the federal estate tax exemption is high, Massachusetts has its own estate tax threshold. Estates exceeding that amount may face state estate taxes, even when families are surprised by the total value of assets.
Homes, retirement accounts, life insurance, and jointly owned property can all contribute to estate value. Without planning, taxes can significantly reduce what is passed on.
This is where comprehensive estate planning, not just a will, becomes critical. Trusts and asset alignment strategies can help address tax exposure and preserve more for loved ones.
Mistake 5: Believing a Will Is All You Need
One of the most common misconceptions we see is the belief that once a will is signed, estate planning is complete. While a will is an important tool, it is only one piece of a much larger picture.
A will does not control many of the assets people own. Property held in trust, jointly owned accounts, retirement accounts, life insurance policies, and accounts with beneficiary designations all pass outside of a will. If these assets are not coordinated with your will, the results can be inconsistent and may conflict with your intentions.
More importantly, a will does not address what happens during your lifetime if you become unable to make decisions. It does not provide authority for someone to manage finances, access accounts, or make health care decisions. It also does not account for changes in tax law, family dynamics, or the way assets are titled over time.
A comprehensive estate plan goes beyond a will. It brings together the legal documents and strategies needed to ensure your wishes are carried out in real life, including:
- Planning for incapacity through powers of attorney and health care proxies
- Coordinating trusts, beneficiary designations, and account titles
- Addressing estate tax exposure and probate concerns
- Aligning assets so everything works together
- Maintaining the plan over time as life changes
When estate planning is approached as a coordinated process rather than a single document, families gain clarity, continuity, and confidence. The goal is not just to have a will, but to have a plan that works when it matters most.
We Can Help You Take the Next Step in Protecting Your Legacy
From not using clear language to failing to consider how estate taxes affect what you leave behind, countless oversights can jeopardize your will. With the right legal counsel, however, you can avoid confusion, protect your loved ones, and safeguard your estate for the next generation. Ready to create or update your estate plan? Get in touch with our Massachusetts estate planning attorneys to get started.
