Mass. General Laws c.190B § 2-703

Choice of law as to meaning and effect of donative dispositions

This is an unofficial version of a Massachusetts General Law.

Section 2-703

The meaning and legal effect of a donative disposition is determined by the local law of the state selected by the transferor in the governing instrument, unless the application of that law is contrary to the provisions relating to the elective share described in part 2, the provisions relating to exempt property and allowances described in part 4, or any other public policy of the commonwealth otherwise applicable to the disposition.

Comment

Purpose and scope

The scope of this section covers all donative dispositions, not just testamentary transfers. This section enables a transferor to select the law of a particular state for purposes of interpreting his will or other donative disposition without regard to the location of property covered thereby. So long as local public policy is accommodated, the section should be accepted as necessary and desirable.

Cross reference

Choice of law rules regarding formal validity of a will are in Section 2-506. See also Sections 3-202 and 3-408.

Contact

Help Us Improve Mass.gov  with your feedback

Please do not include personal or contact information.
Feedback