Chapter 191B

Section 1. This chapter may be cited as the Massachusetts Uniform Statutory Will Act. As used in this chapter, the following words and phrases shall have the following meanings:— (1) ''Child'', except as modified by this paragraph, a child of a natural parent whose relationship i…

Section 10. (a) A will incorporating by reference the terms of this chapter shall not exercise a power of appointment unless (i) the will complies with any conditions imposed on the exercise of the power, (ii) the appointment is within the scope of the power, and (iii) the will e…

Section 11. An individual who does not survive the testator by thirty days or more shall be treated as if the individual predeceased the testator.

Section 12. (a) The person named in the will as personal representative or trustee shall be entitled to serve, if qualified, as personal representative or trustee. (b) If a qualified person is not named in the will as personal representative, or the named person is incapacitated,…

Section 13. (a) Subject to the provisions of subsection (c) and, except as expressly provided by will, a trustee, in addition to any other powers conferred by law, without prior approval of any court may: (1) retain property in the form in which it is received, including assets i…

Section 14. A personal representative or trustee under this chapter shall serve without giving bond or surety unless the testator by will, or the court upon the application of any person interested in the estate, provides otherwise.

Section 15. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

Section 2. An individual having capacity to make a will under the laws of the commonwealth may make a statutory will under the provisions of this chapter. The will shall be executed in a manner recognized as valid under the laws of the commonwealth.

Section 3. (a) A will may incorporate by reference the provisions of this chapter in whole or in part and with any modifications and additions the will provides. To the extent an express provision of a will conflicts with this chapter, the terms of the will shall govern. (b) A pr…

Section 4. The statutory will estate shall pass as provided in sections five to nine, inclusive.

Section 5. (a) The share of a surviving spouse shall be: (1) If there is no surviving issue, the entire statutory will estate; or (2) If there is a surviving issue, (i) subject to any lien or encumbrance, the testator's residence and tangible personal property, except personal pr…

Section 6. Property held in trust under the provisions of subclause (iii) of clause (2) of subsection (a) of section five shall be held upon the following terms: (1) During the life of the surviving spouse, the entire net income shall be paid to or for the benefit of the survivin…

Section 7. (a) If there is no surviving spouse, the statutory will estate shall pass, subject to the provisions of sections eight and nine, as follows: (1) If there is surviving issue, in equal shares to the children of the testator if all of them survive, otherwise to the surviv…

Section 8. (a) If property is distributable under the provisions of subparagraph (3) of section six or of section seven to a child of the testator who is under the age specified in the will or, if the will does not specify an age, under the age of twenty-three years, all shares d…

Section 9. (a) If property becomes distributable by a personal representative or trustee to an individual under the age specified in the will or, if the will does not specify an age, under the age of twenty-three years, or to an individual who the personal representative or trust…