LAW OFFICES OF

Boyd & Boyd, P.C.

CONTRACT TO PLAN · PRESERVE YOUR SHARED INTENT.

The Promises You Make Together Should Guide What Happens Later.

Discuss how to support the surviving spouse while preserving commitments to children and other chosen beneficiaries. Start with the questions that clarify what you want your agreement to accomplish.

What Do You Want Your Shared Plan to Preserve?

Your discussion should include both the survivor’s future needs and the beneficiaries you intend to provide for. A written agreement deserves careful attention to each spouse’s priorities.

Boyd Boyd, P.C. can help you review whether Contract To Plan belongs in your estate plan.

Make the Future Questions Part of Today’s Conversation.

Who should benefit after both spouses have died? How much freedom should the survivor retain? Which property should be addressed? Answering these questions together gives the document a clear purpose.

Which Contract To Plan Question Is on Your Mind?

Choose a question to see its answer, family considerations, details to review, and suggested next step.

You can change your question at any time.

YOUR QUESTION, ANSWERED

What Is a Contract To Plan?

Put Your Shared Inheritance Commitments in Writing.

A Contract To Plan records an agreement about estate disposition. For a couple, it can set commitments to agreed beneficiaries after the surviving spouse’s death while defining the survivor’s ability to revise the plan.

YOUR FAMILY’S FUTURE

What This Means for Your Family

Discuss whom you both intend to provide for, and how the survivor’s future needs should fit those commitments.

THE DETAIL THAT MATTERS

What to Review Before You Act

The agreement’s actual terms matter. Begin with your goals before deciding what restrictions are appropriate.

YOUR NEXT DECISION

Clarify the Promises You Want Your Plan to Preserve.

Discuss your shared inheritance goals and the flexibility you want the survivor to retain.

YOUR QUESTION, ANSWERED

Aren’t Our Matching Wills Enough?

Matching Instructions Do Not Establish Every Promise.

Massachusetts law expressly says that executing joint or mutual wills does not create a presumption of a contract not to revoke them. Section 2-514 identifies ways a succession contract can be established, including a writing signed by the decedent evidencing the contract.

YOUR FAMILY’S FUTURE

What This Means for Your Family

Separate today’s instructions from any commitment you want to remain binding when circumstances change.

THE DETAIL THAT MATTERS

What to Review Before You Act

Have your documents reviewed rather than assuming that similar wording creates a contractual obligation.

YOUR NEXT DECISION

Check What Your Existing Documents Actually Commit You To.

Discuss your wills, trusts, and any written agreements so their roles can be reviewed together.

YOUR QUESTION, ANSWERED

Is This Only for Couples in a Second Marriage?

Plan for Changes That May Happen Later.

The firm uses Contract To Plan for both blended families and couples with children in common. The concern may be a future remarriage, a changed estate plan, or decisions that depart from the couple’s shared intent.

YOUR FAMILY’S FUTURE

What This Means for Your Family

Talk about children from each relationship and other intended beneficiaries without assuming that every family needs the same arrangement.

THE DETAIL THAT MATTERS

What to Review Before You Act

Consider future relationships and responsibilities as well as your household today.

YOUR NEXT DECISION

Discuss Your Family’s Commitments Before Circumstances Change.

Review your family relationships and intended beneficiaries to identify the commitments that matter to you.

YOUR QUESTION, ANSWERED

Can the Surviving Spouse Still Change the Estate Plan?

Define Flexibility Alongside the Commitment.

A Contract To Plan can establish agreed beneficiary percentages while permitting later changes that respect those commitments. The balance depends on the agreement; there is no single percentage every couple must choose.

YOUR FAMILY’S FUTURE

What This Means for Your Family

Discuss how to support the survivor while preserving what you intend for the other beneficiaries.

THE DETAIL THAT MATTERS

What to Review Before You Act

Ask which changes would be permitted and which would conflict with the agreement.

YOUR NEXT DECISION

Decide What Should Be Flexible—and What Should Be Preserved.

Discuss the survivor’s discretion and your intended beneficiary commitments before choosing terms.

YOUR QUESTION, ANSWERED

Can It Address Joint Property, Beneficiary Designations, and Gifts?

Review the Whole Asset Picture.

A carefully drafted agreement can address non-probate assets and gifts that could defeat its purpose. Its scope must be explicit; the firm notes that specified property or charitable gifts can be excluded when appropriate.

YOUR FAMILY’S FUTURE

What This Means for Your Family

Discuss whether the commitment should cover all relevant property or a defined part of it.

THE DETAIL THAT MATTERS

What to Review Before You Act

Bring ownership and beneficiary information. Do not assume the agreement automatically covers every account or transaction.

YOUR NEXT DECISION

Identify Which Assets Your Agreement Should Address.

Discuss your asset overview, ownership, beneficiary arrangements, and any desired exclusions.

YOUR QUESTION, ANSWERED

Does a Contract To Plan Replace a Will or Trust?

Coordinate the Agreement With the Rest of the Plan.

Contract To Plan complements the estate plan. It does not replace the need to review wills, trusts, and transfer arrangements. Those documents should work together toward the commitments you choose.

YOUR FAMILY’S FUTURE

What This Means for Your Family

Make the intended result understandable across the documents your family may later need.

THE DETAIL THAT MATTERS

What to Review Before You Act

Review the agreement alongside the signed plan rather than treating it as a standalone fix.

YOUR NEXT DECISION

Review Your Agreement and Estate Plan Together.

Discuss your signed documents and transfer arrangements to identify coordination questions.

YOUR QUESTION, ANSWERED

What Should We Review Before Signing?

Understand the Commitment Before You Make It.

Discuss beneficiaries, percentages, covered property, exclusions, amendment or revocation terms, and recordkeeping. The firm notes that an agreement can require both spouses’ signatures to revoke it and that signed copies can help beneficiaries understand their rights.

YOUR FAMILY’S FUTURE

What This Means for Your Family

Each spouse should understand the obligations and retained choices before proceeding.

THE DETAIL THAT MATTERS

What to Review Before You Act

Ask how changes and future administration would be handled, and where signed copies should be kept.

YOUR NEXT DECISION

Make an Informed Decision About Contract To Plan.

Bring your existing documents and questions to discuss whether this agreement fits your goals.

IN A REVIEWER’S OWN WORDS

Clarity and Confidence

★★★★★ 5-Star Google Review

“Everyone was extremely helpful during the entire process and we feel confident that we have a sensible and comprehensive estate plan.”

— Pamela Gordon

Review excerpts reflect individual experiences and do not guarantee an outcome for another family.

Your Family at the Center. Our Team Beside You.

F. Keats Boyd III and Whitney N. Tashjian help families think through important Estate Planning and Wealth Protection Planning decisions. At Boyd Boyd, P.C., the conversation begins with what you want to protect and what you want the next generation to understand.

Seven Contract To Plan Questions at a Glance

What Is a Contract To Plan?

It records estate-disposition commitments and defines the flexibility retained by the surviving spouse.

Aren’t Our Matching Wills Enough?

Joint or mutual wills do not, by themselves, create a presumption of a contract not to revoke.

Is This Only for Couples in a Second Marriage?

It can be considered by blended families and couples with children in common.

Can the Surviving Spouse Still Change the Estate Plan?

The agreement can allow later changes within defined beneficiary commitments.

Can It Address Joint Property, Beneficiary Designations, and Gifts?

Its scope can address non-probate assets and gifts, with exclusions defined in the agreement.

Does a Contract To Plan Replace a Will or Trust?

It complements wills and trusts and should be coordinated with the existing plan.

What Should We Review Before Signing?

Review scope, beneficiary commitments, change procedures, and access to signed records before signing.

Continue Your Reading

These sources provide background. The agreement’s operation depends on its terms, your estate plan, and applicable law.

Reviewed October 5, 2026.

Can We Work Together if You Live Outside Massachusetts?

Boyd Boyd, P.C. assists families nationwide. Families outside Massachusetts may come to our office to sign, or we may work with co-counsel licensed in their home state. The property, applicable law, and proposed role determine how the work should be structured.

YOUR FREE ESTATE PLANNING STRATEGY SESSION

Clarify the Promises You Want Your Plan to Preserve.

Discuss your shared inheritance goals and the flexibility you want the survivor to retain.

Give Your Shared Intent a Clear Place in Your Plan.

Bring your wills, trusts, existing agreements, and an asset overview. Boyd Boyd, P.C. can discuss your goals and the questions that require further review.

The free session is an initial planning conversation. Agreement drafting, document updates, and implementation are separately scoped and priced.

Call 508-444-9688 to request your session.