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MGL 190B, Article I. General provisions, definitions and probate jurisdiction of court

Parts or sections that appear missing have been reserved for future use.

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Part 1. Short title, construction, general provisions

§ 1-101 Short title 
§ 1-102 Purposes; rule of construction 
§ 1-103 Supplementary general principles of law applicable 
§ 1-104 Severability 
§ 1-105 Construction against implied repeal 
§ 1-106 Effect of fraud and evasion 
§ 1-107 Evidence of death or status 
§ 1-108 Act by holder of general power 
§ 1-109 Standard of proof 

Part 2. Definitions

§ 1-201 Definitions and inclusions 

Part 3. Scope, jurisdiction and courts

  • Section 1-304 (Reserved); Massachusetts comment: This section of the UPC would apply the Rules of Civil Procedure to all probate matters, replacing a number of the Probate Court Rules. While such a change was viewed favorably by the Joint Committee, it was agreed that the application of the Rules of Civil Procedure is more appropriately within the purview of the Supreme Judicial Court. Note, however, that some court rules will be superseded, at least in part, by provisions of this Code, including Rules 6 (§ 1-401), 16 (§ 1-401), 29B (§§ 5-308, 5-412A), Uniform Practice 29 (§ 3-617).
  • Section 1-305 (Reserved); Massachusetts comment: The duties of the Register are set out in G.L. c. 217, § 15.
  • Section 1-306 (Reserved); Massachusetts comment: This section of the UPC, providing for jury trials of probate matters, has been reserved in light of St. 1986 c. 211 § 1, which repealed G.L. c. 216 § 16 and abolished jury issues in proceedings of the Probate and Family Court, effective January 1, 1987.
  • Section 1-308 (Reserved); Massachusetts comment: This section of the UPC, providing for application of the Rules of Appellate Procedure, is not adopted. See G.L. c. 215, §§ 9 to 11.
  • Section 1-309 (Reserved)

§ 1-301 Territorial application 
§ 1-302 Subject matter jurisdiction 
§ 1-303 Venue; multiple proceedings; transfer 
§ 1-307 Magistrate; powers 
§ 1-310 Oath of affirmation on filed documents 

Part 4. Notice, parties and representation in estate litigation and other matters

§ 1-401 Notice; method and timing of giving 
§ 1-402 Notice; waiver 
§ 1-403 Pleadings; when parties bound by others; notice 
§ 1-404 Guardian ad litem and next friend 

Contact

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Email a reference librarian: lawlibraries@jud.state.ma.us

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