Mass. General Laws c.190B § 2-506

Choice of law as to execution

This is an unofficial version of a Massachusetts General Law.

Section 2-506

A written will is valid if executed in compliance with section 2-502 or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode, or is a national.

Comment

This section permits probate of wills in this state under certain conditions even if they are not executed in accordance with the formalities of Section 2-502. Such wills must be in writing but otherwise are valid if they meet the requirements for execution of the law of the place where the will is executed (when it is executed in another state or country) or the law of testator's domicile, abode or nationality at either the time of execution or at the time of death. Thus, if testator is domiciled in state 1 and executes a typed will merely by signing it without witnesses in state 2 while on vacation there, the Court of this State would recognize the will as valid if the law of either state 1 or state 2 permits execution by signature alone. Or if a national of Mexico executes a written will in this State which does not meet the requirements of Section 2-502 but meets the requirements of Mexican law, the will would be recognized as validly executed under this section. The purpose of this section is to provide a wide opportunity for validation of expectations of testators.

Massachusetts comment

Under Chapter 191, § 5, a will which is in writing and subscribed by the testator "shall be of the same force and effect as if executed in the mode prescribed by the laws of this Commonwealth" if executed under the laws of the place where the will was executed or the testator domiciled. This section would add place of abode and place of nationality to the laws which can be invoked to determine the validity of execution. In all four cases the laws could be those in effect at the time of signing or in effect at the time of the testator's death; c. 191, § 4 says that a will is valid if executed in accordance with the law in effect at the time of signing.

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