Mass. General Laws c.190B, Article II, Part 7: Commentary

General commentary on Article II, Part 7 of the Mass. Uniform Probate Code.

General comment

Part 7 contains rules of construction applicable to donative dispositions in wills, deeds, trusts, appointments, beneficiary designations, and so on. Like the rules of construction in Part 6 (which apply only to wills), the rules of construction in this Part yield to a finding of a contrary intention.

The sections in Part 7 are based upon Article II, Part 7, of the 1990 revision of the Uniform Probate Code.

Some of the sections in Part 7 are revisions of sections contained in Part 6 of the pre-1990 Code. Although these sections originally applied only to wills, their restricted scope was inappropriate.

Some of the sections in Part 7 are new, having been added to the UPC as desirable means of carrying out common intention.