As estate planning attorneys serving Gloucester, Rockport, Manchester by the Sea, Beverly, and throughout the North Shore, we often hear the same question: “If I already have a trust, do I still need a will?” The answer is yes—for nearly every Massachusetts resident, having a legally enforceable will remains essential, even when a trust is in place. A trust can streamline the distribution of assets, avoid probate, and provide privacy. But without a valid will, there may still be serious legal and financial gaps in your estate plan.

Many families assume that their trust alone will handle everything after death, but that’s rarely the case under Massachusetts law. Assets not properly titled in the name of your trust will not pass through the trust. In these situations, without a valid will, your estate may be distributed under the Massachusetts laws of intestacy—meaning the state decides who gets what. That’s why it’s so important to have both a will and a trust that work together.

A Will Complements Your Trust—It Doesn’t Replace It

Even if you’ve created a revocable living trust, a properly executed will is still needed to catch any assets that aren’t titled in the trust’s name. This is commonly known as a “pour-over will.” Under Massachusetts law, a pour-over will directs any remaining assets—those not already transferred into your trust during your lifetime—to be added to the trust upon your death. This ensures those assets are distributed according to your intended plan, not left vulnerable to intestacy laws.

Massachusetts General Laws Chapter 190B, Section 2-602 outlines the basic requirements for executing a valid will, including that it must be in writing, signed by the testator (or by someone else at their direction), and witnessed by at least two individuals. Without a valid will, the state applies the rules of intestate succession under M.G.L. c.190B, § 2-101 and following. That can result in unintended consequences—such as estranged relatives inheriting your property, or your children receiving assets outright at age 18 with no protections in place.

Wills Allow You To Name Guardians And Make Final Wishes Known

Another reason to have a will, even if you have a trust, is the ability to name guardians for minor children. A trust cannot do this. If you have children under the age of 18, your will is the only document that can nominate a guardian in the event something happens to you and the other parent. Without a will, the Probate and Family Court in Massachusetts will decide who should raise your children, and it may not be the person you would have chosen.

In addition, a will allows you to make specific gifts or bequests that you may not include in your trust. You can direct certain personal items—such as jewelry, artwork, or family heirlooms—to specific beneficiaries. These details may not always fit cleanly within a trust document but can be clearly stated in a will.

Probate Cannot Be Fully Avoided Without A Will

While one of the primary reasons people establish a trust is to avoid probate, the court process may still be necessary if there are any assets left outside the trust. If no will exists, probate becomes more complicated and often more expensive. A properly drafted pour-over will can greatly simplify probate by consolidating assets into your trust for distribution.

Even a small oversight—like a retirement account or vehicle not retitled into your trust—can trigger probate if there is no will. We’ve helped many families in Essex County handle probate estates, and the difference between those with and without a pour-over will is significant. Without a clear directive, the court may appoint a personal representative who doesn’t know your wishes or your family’s dynamics.

A Will Strengthens The Legal Foundation Of Your Estate Plan

Having both a will and a trust is not redundant—it’s smart planning. Together, these documents create a more complete, flexible, and protective strategy for your estate. While the trust provides privacy and management of assets, the will ensures legal compliance and captures anything missed along the way.

For residents of Gloucester, Rockport, Manchester by the Sea, Beverly, and throughout the North Shore, our goal is to ensure your estate plan is not only comprehensive but fully enforceable under Massachusetts law. A well-crafted estate plan is a gift to your family and reduces confusion, court involvement, and disputes after you’re gone.

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Massachusetts Will & Trust Frequently Asked Questions

What Happens To Assets Not In My Trust If I Don’t Have A Will?
If you die without a will and certain assets were not transferred to your trust, those assets will be distributed according to Massachusetts intestate succession laws. This could result in property going to unintended heirs or being delayed by probate complications.

Can A Trust Replace A Will In Massachusetts?
No. A trust cannot fully replace a will. While a trust allows you to manage and distribute certain assets, only a will can name guardians for minor children, handle final wishes about personal property, and direct non-trust assets into the trust through a pour-over provision.

What Is A Pour-Over Will And Why Do I Need One?
A pour-over will is a legal document that works alongside your trust. It directs any assets not titled in the trust’s name at the time of your death to be “poured over” into your trust, ensuring they are distributed according to your wishes.

Does A Will Have To Be Notarized In Massachusetts?
No. Under M.G.L. c.190B, § 2-502, a will must be signed by the testator and witnessed by two individuals, but notarization is not required for the will to be valid. However, creating a self-proving affidavit with notarization can speed up the probate process.

Can I Use A Handwritten Or Online Will In Massachusetts?
Massachusetts does not recognize holographic (handwritten and unwitnessed) wills unless they meet all statutory requirements. Online wills are risky if they do not comply with M.G.L. c.190B. It’s best to work with a qualified estate planning attorney to ensure legal compliance.

What If My Family Finds My Will But I Never Signed It?
An unsigned or improperly executed will is not legally valid in Massachusetts. If no prior valid will exists, your estate would be distributed under intestate succession, potentially contrary to your wishes.

How Often Should I Update My Will In Massachusetts?
We recommend reviewing your will every 3–5 years or after any major life change—such as marriage, divorce, births, deaths, or significant asset changes—to ensure it still reflects your intentions.

Can I Name Different People In My Will And My Trust?
Yes, but it should be done with caution. Naming different beneficiaries in each document may cause confusion or legal disputes. Your attorney should ensure both documents work together rather than conflict.

Does My Will Still Go Through Probate If I Have A Trust?
Yes, if there are any assets not titled in your trust, your will may still need to be probated to legally transfer those assets. A properly structured plan can help minimize this process.

What Happens If My Will And Trust Conflict?
If a will and trust contradict each other, the specific facts of the case and how the documents are written will determine the outcome. Clear, coordinated drafting helps prevent these types of conflicts.

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Call The Sullivan Firm P.C. For a Free Consultation

At The Sullivan Firm P.C., our Gloucester estate planning attorney helps individuals and families throughout Gloucester, Rockport, Manchester by the Sea, Beverly, and all across the North Shore of Massachusetts develop estate plans that actually work when families need them most. If you already have a trust—or are thinking about creating one—don’t overlook the importance of having a will. Whether it’s a pour-over will to support your trust or a standalone will to protect your loved ones, we can help you create a plan that’s valid, enforceable, and tailored to your needs.

Call The Sullivan Firm P.C. Today At 978-325-2721 For A Free Consultation. Our law offices are conveniently located in Gloucester, Massachusetts, and we proudly serve clients throughout Essex County. Let’s make sure your estate plan covers everything that matters.