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March 19, 2024 Clouds | 33°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 11: Validity and effect of transfer

Section 11. (a) The validity of a transfer made in a manner prescribed in this chapter is not affected by:

(1) failure of the transferor to comply with subsection (c) of section nine concerning possession and control;

(2) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under subsection (a) of said section nine; or

(3) death or incapacity of a person nominated under section three or designated under said section nine as custodian or the disclaimer of the office by that person.

(b) A transfer made pursuant to said section nine is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this chapter and neither the minor nor the minor's legal representative has any right, power, duty or authority with respect to the custodial property except as provided in this chapter.

(c) By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this chapter.