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Start the free role checkMassachusetts will vs. revocable living Trust, at a glance
| What matters | Massachusetts will | Revocable living Trust |
|---|---|---|
| When it takes effect | Only at death | During life and at death |
| Massachusetts probate | Generally required to take effect | Generally avoided for assets the Trust owns |
| Privacy | Becomes a public court record | Stays private |
| If you become incapacitated | Doesn't help — a will operates only at death | A successor Trustee can manage assets for you |
| Protection from your creditors | No | No — a revocable Trust is not asset protection |
Many Massachusetts plans use both
A revocable living Trust often holds the major assets to avoid probate and plan for incapacity, while a “pour-over” will catches anything left out and names guardians for minor children. Used together, they cover gaps neither closes alone.
Which is right for you in Massachusetts?
There is no single right answer — it depends on your assets, your family, whether incapacity planning matters to you, and your goals. This page is general information, not legal advice. A free role check can show you where you stand, and a Massachusetts attorney can recommend what fits your situation.
General information about Massachusetts law, not legal advice.
Frequently asked questions
- What does a Massachusetts will require?
- A writing, signed by the testator or in the testator's name by another individual in the testator's conscious presence and by the testator's direction, and signed by at least two individuals, each of whom witnessed the signing or the testator's acknowledgment of the signature or of the will (G.L. c. 190B, § 2-502(a)); intent that the document be the testator's will can be established by extrinsic evidence (§ 2-502(b)). A will may be made self-proved by the testator's acknowledgment and the witnesses' affidavits before an officer authorized to administer oaths, in the form the statute sets out (§ 2-504).
- What does a Massachusetts revocable trust require?
- Capacity, an intention to create the trust, a definite beneficiary, duties for the trustee, and that the same person not be the sole trustee and sole beneficiary (G.L. c. 203E, § 402(a)); unless its terms expressly provide that it is irrevocable, the settlor may revoke or amend it (§ 602(a)) — a rule the 2012 act that enacted the code does not apply to a trust instrument executed before July 8, 2012. While the trust is revocable and the settlor has capacity to revoke it, the beneficiaries' rights are subject to the settlor's control and the trustee's duties are owed exclusively to the settlor (§ 603(a)).
- Which one controls after death?
- Each controls what it holds: the trust's terms govern property titled to the trustee; the will governs the probate estate. A contest of a trust that was revocable at the settlor's death is commenced within the earlier of one year after the death or 60 days after the trustee sent the person a copy of the trust instrument and a notice of the trust's existence, the trustee's name and address and the time allowed (G.L. c. 203E, § 604(a)); a proceeding to contest an informally probated will may be commenced within the later of 12 months from the informal probate or 3 years from the death (G.L. c. 190B, § 3-108); and the surviving spouse's waiver of the will and claim of a share is filed within six months after its probate (G.L. c. 191, § 15).
General information about Massachusetts law, not legal advice.