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2021 Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts
Chapter 190b - Massachusetts Uniform Probate Code
Article II - Intestacy, Wills and Donative Transfers
Section 2-603 - Anti-Lapse; Deceased Devisee; Class Gifts
Universal Citation: MA Gen L ch II § 2-603 (2021)
Section 2–603. [Anti–Lapse; Deceased Devisee; Class Gifts.]
If a devisee who is a grandparent or a lineal descendant of a grandparent is dead at the time of execution of the will, fails to survive the testator, or is treated as if he predeceased the testator, the issue of the deceased devisee who survive the testator take in place of the deceased devisee and if they are all of the same degree of kinship to the devisee they take equally, but if of unequal degree than those of more remote degree take per capita at each generation. A person who would have been a devisee under a class gift if he had survived the testator is treated as a devisee for purposes of this section whether his death occurred before or after the execution of the will.
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