Wills: The Foundation of Your Estate Plan

When most people think about estate planning, they think of a will—and for good reason. A Last Will and Testament is a legal document that lets you decide what happens to your property when you die. It also lets you name guardians for minor children, specify final wishes, and appoint someone you trust to carry out your instructions. But here’s the truth: while a will is a great starting point, it doesn’t cover everything—and it doesn’t avoid probate. That’s why many people also consider trusts, which can keep your estate private and help your loved ones avoid court delays and costs.

What Is a Will?

A will is a legal document that allows you to:

  • Name who should receive your assets

A will lets you decide exactly who gets what after you pass—whether it's your home, savings, or sentimental items. Without one, the state decides for you, and it might not align with your wishes.

  • Here's some stuff

A will lets you decide exactly who gets what after you pass—whether it's your home, savings, or sentimental items. Without one, the state decides for you, and it might not align with your wishes.

  • Choose a personal representative (executor) to manage your estate

A will lets you decide exactly who gets what after you pass—whether it's your home, savings, or sentimental items. Without one, the state decides for you, and it might not align with your wishes.

  • Make specific gifts (like a family heirloom or charitable donation)

A will lets you decide exactly who gets what after you pass—whether it's your home, savings, or sentimental items. Without one, the state decides for you, and it might not align with your wishes.

📘 Glossary of Wills & Related Terms

Beneficiary
A person or organization named in a will or trust to receive a share of the estate after the person passes away.
Codicil
A legal amendment to a will. Codicils are used to make small changes without rewriting the entire document but must be executed with the same formalities as a will.
Escheat
If someone dies without a will and has no living relatives, their property may revert to the state through a process called escheat.
Ethical Will
Not legally binding. An ethical will is a personal document that shares your values, memories, or life lessons with loved ones.
Executor (Personal Representative)
The person named in a will to carry out your final wishes, including paying debts, handling taxes, and distributing property to your beneficiaries.
Guardian
A person legally appointed to care for a minor child or manage the child’s inheritance. You can name a guardian in your will.
Holographic Will
A handwritten will, sometimes unwitnessed. Not valid in Massachusetts, but allowed in some states under strict conditions.
I Love You Will
A common type of will where each spouse leaves everything to the other. Simple, but not always ideal for complex family or tax planning.
Intestate
Dying without a valid will. When this happens, the state determines who receives your assets.
Intestacy Statute
A state law that outlines who inherits your property if you die without a will. Typically prioritizes spouses and blood relatives.
Joint Will
One document signed by two people, usually spouses, that often becomes irrevocable after the first death. Rarely recommended due to inflexibility.
Military Will
A will created by a member of the armed forces under special military rules. These wills may be valid even if they don’t meet all civilian requirements.
Mirror Wills
Two nearly identical wills, usually created by spouses, that name each other as the primary beneficiary and then leave everything to shared heirs.
No-Contest Clause (In Terrorem Clause)
A clause that discourages beneficiaries from challenging the will. If they contest and lose, they may be disinherited.
Nuncupative Will
An oral will, often made on a deathbed. Not recognized in Massachusetts.
Personal Representative
Another term for an executor—the person responsible for settling an estate.
Pour-Over Will
A will that directs any assets not already in a trust to be transferred ("poured over") into it after death. It still goes through probate.
Probate
The legal process of validating a will, appointing an executor, and distributing assets. Can be costly and time-consuming.
Self-Proving Will
A will that includes a notarized affidavit from the witnesses, making it easier to admit into probate without additional court testimony.
Simple Will
A basic will that names beneficiaries, an executor, and (if needed) guardians for minor children. Best for uncomplicated estates.
Special Needs Will
Coordinates with a Special Needs Trust to leave assets to a person with disabilities without affecting their eligibility for public benefits.
Testamentary Trust Will
A will that creates a trust after your death, often to manage money for children or beneficiaries who shouldn't receive a lump sum right away.
Will for Blended Families
Tailored to families with stepchildren or multiple marriages. Helps prevent misunderstandings and ensure fairness among all heirs.
Will for Minor Children
Prioritizes appointing guardians and setting up financial management for young children until they’re mature enough to handle their inheritance.
Will with No-Contest Clause
Includes language discouraging heirs from challenging the will by threatening to disinherit them if they do.

Not Sure What You Need? That’s What We’re Here For.

Wills aren’t one-size-fits-all. We'll walk you through your options and design a plan tailored to your situation.

Serving all of Eastern Massachusetts — Zoom, phone, and in-person options available.

FAQS

What is estate planning and why is it important?

Estate planning is the process of organizing and managing your assets and affairs to ensure they are distributed according to your wishes after your death. It includes creating documents such as wills, trusts, powers of attorney, and healthcare directives. Estate planning is important because it provides peace of mind, protects your loved ones, minimizes legal complications, and ensures your wishes are honored.

What is the difference between a will and a trust?

A will is a legal document that outlines how your assets will be distributed after your death and can appoint guardians for minor children. A trust, on the other hand, is a legal entity that holds and manages assets on behalf of your beneficiaries during your lifetime and after your death. Trusts can help avoid probate, provide tax benefits, and offer greater control over how and when your assets are distributed.

When should I update my estate plan?

You should review and update your estate plan regularly, especially after major life events such as marriage, divorce, the birth of a child, the death of a beneficiary, or significant changes in your financial situation. Keeping your estate plan current ensures that it accurately reflects your wishes and provides the necessary protection for your assets and loved ones.

What areas do you serve?

Now serving all of Essex, Middlesex, Suffolk, Norfolk, and Bristol counties including

Amesbury, Andover, Beverly, Boxford, Danvers, Essex, Georgetown, Gloucester, Groveland, Hamilton, Haverhill, Ipswich, Lawrence, Lynn, Lynnfield, Manchester-by-the-Sea, Marblehead, Merrimac, Middleton, Nahant, Newbury, Newburyport, North Andover, Peabody, Rockport, Rowley, Salem, Salisbury, Saugus, Swampscott, Topsfield, Wenham, and West Newbury.

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Essex, Middlesex, Suffolk,

Norfolk, and Bristol counties

Address:

118 County Road, Ipswich, MA 01938

Remote practice serving all of

Essex, Middlesex, Suffolk, Norfolk, and Bristol counties

Hours:

Monday – Friday

9:00 AM - 5:00 PM

Contact:

978-704-8696

[email protected]

Hours:

Monday – Friday

9:00 AM - 5:00 PM

118 County Road, Ipswich, MA 01938

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