I live in Massachusetts and recently changed my will with the help of an attorney. Two people who were in my will, and knew they were in the will, are now not in there. Do I have any legal obligation under MA law to tell them that they are no longer beneficiaries?
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New beneficiaries in Will
The short answer is no, you do not have to notify those individuals that they have been removed from your Will. While I think that it good to consult with those people that you want to name as executors to make sure that they are willing to serve in that capacity (not everyone is!), I am not sure if beneficiaries need to know the contents of your Will. In my opinion, those provisions of your Will are very private, and should remain that way until you die. A Will can be changed at anytime right up until the day that you die (provided that you are competent). So think of your Will as a “work in progress” – never in final form. Sometimes sharing that type of information can lead to expectations - and that can be a bad thing. I cannot tell you how often I hear a family member or friend of the decedent say “but she told me that I would get ….” OR “I saw her Will, and I was left …”. It is never an easy conversation. So bottom line – I do not know why these people were aware of the contents of your Will, but you are under no obligation to tell them that they have been removed. If you think that this situation may lead to confusion, hurt feelings, or perhaps a Will contest, then you may want to think about telling these people that you have created a new Will. And finally – do not ever feel the need to share that type of information in the future – you may only be sowing the seeds of confusion.
Attorney Peter Bernardin