How to execute a valid Codicil to a Massachusetts Will whilst being in Europe ?

UPDATED: Oct 1, 2022

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How to execute a valid Codicil to a Massachusetts Will whilst being in Europe ?

Mass Will was executed in Mass in the present of 2 witnesses and a Notary. In
order for a Codicil to such Will to be valid under Mass law, how should it be
executed whilst the Testator is residing abroad.
Testator and 2 witnesses at a US Embassy Notary is acceptable ? Or does the
testator need to make the Codicil upon next trip to Mass?
Thank your in advance

Asked on September 8, 2017 under Estate Planning, Pennsylvania


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

This question is a little more in depth and complicated than it sounds and a little more information would be nice to resolve your concerns.  But I will try my best to help guide you.  Is the Testator still considered a resident of MA? Owns property, etc. there?  My concern is that they have a "nexus" to the state to be bound by their state laws.  If the Codicil is executed in accordance with the state laws on MA then it should be valid there. But I would absolutely have the Testator seek to possible have a new Will drawn up upon return to MA and to specifically address the issue of his or her living abroad now.  Good luck.

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