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November 16, 2024 Clouds | 53°F
The 193rd General Court of the Commonwealth of Massachusetts
  1. General Laws
  2. Part II REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
  3. Title II DESCENT AND DISTRIBUTION, WILLS, ESTATES OF DECEASED PERSONS AND ABSENTEES, GUARDIANSHIP, CONSERVATORSHIP AND TRUSTS
  4. Chapter 190B MASSACHUSETTS UNIFORM PROBATE CODE
  5. Article II INTESTACY, WILLS AND DONATIVE TRANSFERS
  6. Section 2-705 Class gifts construed to accord with intestate succession

Section 2-705

Section 2-705: Class gifts construed to accord with intestate succession

Section 2–705. [Class Gifts Construed to Accord with Intestate Succession.]

(a) Adopted individuals and individuals born out of wedlock, and their respective descendants if appropriate to the class, are included in class gifts and other terms of relationship in accordance with the rules for intestate succession. Terms of relationship that do not differentiate relationships by blood from those by affinity, such as ''uncles'', ''aunts'', ''nieces'', or ''nephews'', are construed to exclude relatives by affinity. Terms of relationship that do not differentiate relationships by the half blood from those by the whole blood, such as ''brothers'', ''sisters'', ''nieces'', or ''nephews'', are construed to include both types of relationships.

(b) In addition to the requirements of subsection (a), in construing a donative disposition by a transferor who is not the adopting parent, an adopted individual is not considered the child of the adopting parent unless the adoption took place while the person adopted was a minor.