Legal Question in Wills and Trusts in Massachusetts

If a person writes a new will which will then invalidate a previous will, is there any legal requirement to notify beneficiaries of the first will that are no included in the new will?

Thank you.


Asked on 4/27/10, 6:56 am

4 Answers from Attorneys

John Harmon The Law Office of John W. Harmon

There is no requirement to notify previous beneficiaries of a prior executed will.

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Answered on 5/02/10, 7:05 am

No. Other than an obligation under statute to one's wife, any one can change their Will at any time without informing any beneficiaries under the prior Will.

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Answered on 5/02/10, 9:24 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

The beneficiaries are irrelevant as far as notice or consultation is concerned. Their role becomes active upon the person's death only!

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Answered on 5/02/10, 12:28 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Because a will can be changed at any time, beneficiaries have no interest in a person's will until the death of the will-maker. Beneficiaries do not require any notice, and they are not entitled to read or enforce a will during the lifetime of the will-maker. Please feel free to contact my office if you have any follow-up questions. 617-357-4898.

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Answered on 5/04/10, 8:42 am


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