Massachusetts Last Will and Testament Form - Free Download | Page 5
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Massachusetts Last Will and Testament Form Page 5
Massachusetts Last Will and Testament Form
Last Will and Testament with Real Estate and Bequest (Married, Adult Children) Art.No. 19530
included in my estate, without court order and without notice to anyone. The executor shall have
the right to administer my estate using “informal,” “unsupervised” or “independent” probate or
equivalent legislation designed to operate without necessary intervention by the probate court.
Article XI:
LIABILITY OF FIDUCIARY
No fiduciary who is a natural person shall, in the absence of fraudulent conduct or bad faith, be liable
individually to any beneficiary of my estate, and my estate shall indemnify such natural person
from any and all claims or expenses in connection with or arising out of that fiduciary's good
faith actions or non-actions of the fiduciary, except for such actions or non-actions which
constitute fraudulent conduct or bad faith. No successor trustee shall be obliged to inquire into
or be in any way accountable for the previous administration of the trust property.
Article XII:
SIMULTANEOUS DEATH AND SURVIVORSHIP
For the purposes of determining the appropriate distributions under this Will, no person shall be
deemed to have survived me unless such person is also surviving on the thirtieth day after the
date of my death.
If any beneficiary under this Will dies simultaneously with me or under such circumstances that the
order of our deaths cannot be readily determined, such beneficiary shall be deemed to have
predeceased me.
If my spouse dies simultaneously with me or under such circumstances that the order of our deaths
cannot be readily ascertained, it shall be presumed that my spouse survived me.
Article XIII:
NO CONTEST PROVISION
If any beneficiary under this Will contests in any court any of the provisions of this Will, then each and
all such persons shall not be entitled to any devises, legacies, bequests, or benefits under this
Will or any codicil hereto, and such interest or share in my estate shall be disposed of as if that
contesting beneficiary had not survived me.
Article XIV:
SEVERABILITY
If any provisions of this Will are deemed unenforceable, the remaining provisions will remain in full
force and effect.
I am signing this instrument, which is my last Will and which is printed on       sheets of paper, on
Date with year, in the City of       in the State of      . I declare that I am of the legal age in
this jurisdiction to make a Will, that I am under no constraint or undue influence, and I sign this
Will freely and voluntarily. I am signing immediately below in the presence of the three persons
witnessing my signature at my request.
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