Mass. General Laws c.190B, Article II, Part 8: Commentary

General commentary on Article II, Part 8 of the Mass. Uniform Probate Code.

General comment

Part 8 contains four general provisions that cut across probate and nonprobate transfers. Section 2-801 provides for disclaimers.

Section 2-802 deals with the effect of divorce and separation on the right to elect against a will, exempt property and allowances, and an intestate share.

Section 2-803 spells out the legal consequence of intentional and felonious killing on the right of the killer to take as heir and under wills and revocable inter-vivos transfers, such as revocable trusts and life-insurance beneficiary designations.

Section 2-804 deals with the consequences of a divorce on the right of the former spouse (and relatives of the former spouse) to take under wills and revocable inter-vivos transfers, such as revocable trusts and life-insurance beneficiary designations.

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