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MGL 190B, Article II. Intestacy, wills and donative transfers

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

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Part 1. Intestate succession

  • Section 2-104 (Reserved)

Part 1: Commentary
§ 2-101 Intestate estate
§ 2-102 Share of spouse
§ 2-103 Share of heirs other than surviving spouse
§ 2-105 No taker
§ 2-106 Representation
§ 2-107 Kindred of half blood
§ 2-108 Afterborn heirs
§ 2-109 Advancements
§ 2-110 Debts to decedent
§ 2-111 Alienage
§ 2-112 Dower and curtesy abolished
§ 2-113 Individuals related to decedent through two lines
§ 2-114 Parent and child relationship

Part 2. Elective share of surviving spouse (Reserved)

Massachusetts comment

The uniform act provisions for reforming the spousal elective share are not included in this measure. Rather, such reform is left to separate legislation.

Part 3. Spouse and children unprovided for in wills

§ 2-301 Entitlement of spouse; premarital will
§ 2-302 Omitted children

Part 4. Exempt property and allowances

  • Section 2-402 (Reserved)

Part 4: Commentary
§ 2-401 Applicable law
§ 2-403 Exempt property
§ 2-404 Discretionary family allowance
§ 2-405 Source, determination, and documentation

Part 5. Wills, will contracts, and custody and deposit of wills

  • Section 2-503 (Reserved); Massachusetts comment: The Committee felt that in Massachusetts the standards for executing and attesting a will should not be loosened any more than under UPC Section 2-502.

§ 2-501 Who may make will
§ 2-502 Execution of wills
§ 2-504 Self-proved will
§ 2-505 Who may witness
§ 2-506 Choice of law as to execution
§ 2-507 Revocation by writing or by act
§ 2-508 Revocation by change of circumstances
§ 2-509 Revival of revoked will
§ 2-510 Incorporation by reference
§ 2-511 Testamentary additions to trusts
§ 2-512 Events of independent significance
§ 2-513 Separate writing identifying devise of certain types of tangible property
§ 2-514 Contracts concerning succession
§ 2-515 Deposit of will with court in testator’s lifetime
§ 2-516 Duty of custodian of will; liability
§ 2-517 Penalty clause for contest

Part 6. Rules of construction applicable only to wills

Part 6: Commentary
§ 2-601 Scope
§ 2-602 Will may pass all property and after-acquired property
§ 2-603 Anti-lapse; deceased devisee; class gifts
§ 2-604 Failure of testamentary provision
§ 2-605 Increase in devised securities; accessions
§ 2-606 Nonademption of specific devises; unpaid proceeds of sale, condemnation, or insurance; sale by conservator or agent
§ 2-607 Nonexoneration
§ 2-608 Exercise of power of appointment
§ 2-609 Ademption by satisfaction
§ 2-610 Annuities

Part 7. Rules of construction applicable to donative dispositions in wills and other governing instruments

Part 7: Commentary
§ 2-701 Scope
§ 2-702 Requirement of survival
§ 2-703 Choice of law as to meaning and effect of donative dispositions
§ 2-704 Taxes on QTIPS
§ 2-705 Class gifts construed to accord with intestate succession
§ 2-706 Life insurance; retirement plan; account with POD designation; transfer-on-death registration; deceased
§ 2-707 Survivorship with respect to future interests under terms of trust; substitute takers
§ 2-708 Class gifts to “descendants”, “issue”, or “heirs of the body”; form of distributions if none specified
§ 2-709 Representation; per capita at each generation; per stirpes
§ 2-710 Worthier title doctrine abolished
§ 2-711 Future interests in “heirs” and like

Part 8. General provisions concerning probate and nonprobate transfers

Part 8: Commentary
§ 2-801 Disclaimer of property interests
§ 2-802 Effect of divorce, annulment, and decree of separation
§ 2-803 Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designation
§ 2-804 Revocation of probate and nonprobate transfers by divorce; no revocation by other changes of circumstances

Part 9. Statutory rule against perpetuities

Part 9: Commentary
§ 2-901 Statutory rule against perpetuities
§ 2-902 When nonvested property interest or power of attorney appointment created
§ 2-903 Reformation
§ 2-904 Exclusions from statutory rule against perpetuities
§ 2-905 Prospective application
§ 2-906 Supersession

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