Massachusetts General Laws
Article II - Intestacy, Wills and Donative Transfers
Section 2-301 - Entitlement of Spouse; Premarital Will

Section 2–301. [Entitlement of Spouse; Premarital Will.]
(a) If a testator's surviving spouse married the testator after the testator executed a will, the surviving spouse is entitled to receive, as an intestate share, no less than the value of the share of the estate the spouse would have received if the testator had died intestate as to that portion of the testator's estate, if any, that neither is devised to a child of the testator who is born before the testator married the surviving spouse and who is not a child of the surviving spouse nor is devised to a descendant of such a child or passes under section 2–603 or 2–604 to such a child or to a descendant of such a child, unless:
(1) it appears from the will that the will was made in contemplation of the testator's marriage to the surviving spouse;
(2) the will expresses the intention that it is to be effective notwithstanding any subsequent marriage; or
(3) the testator provided for the spouse by transfer outside the will and any intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence.
(b) In satisfying the share provided by this section, devises made by the will to the testator's surviving spouse, if any, are applied first, and other devises, other than a devise to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse or a devise or substitute gift under section 2–603 or 2–604 to a descendant of such a child, abate as provided in section 3–902.

Structure Massachusetts General Laws

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 2-101 - Intestate Estate

Section 2-102 - Share of Spouse

Section 2-103 - Share of Heirs Other Than Surviving Spouse

Section 2-105 - No Taker

Section 2-106 - Representation

Section 2-107 - Kindred of Half Blood

Section 2-108 - Afterborn Heirs

Section 2-109 - Advancements

Section 2-110 - Debts to Decedent

Section 2-111 - Alienage

Section 2-112 - Dower and Curtesy Abolished

Section 2-113 - Individuals Related to Decedent Through Two Lines

Section 2-114 - Parent and Child Relationship

Section 2-301 - Entitlement of Spouse; Premarital Will

Section 2-302 - Omitted Children

Section 2-401 - Applicable Law

Section 2-403 - Exempt Property

Section 2-404 - Discretionary Family Allowance

Section 2-405 - Source, Determination, and Documentation

Section 2-501 - Who May Make Will

Section 2-502 - Execution of Wills

Section 2-504 - Self-Proved Will

Section 2-505 - Who May Witness

Section 2-506 - Choice of Law as to Execution

Section 2-507 - Revocation by Writing or by Act

Section 2-508 - Revocation by Change of Circumstances

Section 2-509 - Revival of Revoked Will

Section 2-510 - Incorporation by Reference

Section 2-511 - Testamentary Additions to Trusts

Section 2-512 - Events of Independent Significance

Section 2-513 - Separate Writing Identifying Devise of Certain Types of Tangible Property

Section 2-514 - Contracts Concerning Succession

Section 2-515 - Deposit of Will With Court in Testator's Lifetime

Section 2-516 - Duty of Custodian of Will; Liability

Section 2-517 - Penalty Clause for Contest

Section 2-601 - Scope

Section 2-602 - Will May Pass All Property and After–acquired Property

Section 2-603 - Anti-Lapse; Deceased Devisee; Class Gifts

Section 2-604 - Failure of Testamentary Provision

Section 2-605 - Increase in Devised Securities; Accessions

Section 2-606 - Nonademption of Specific Devises; Unpaid Proceeds of Sale, Condemnation, or Insurance; Sale by Conservator or Agent

Section 2-607 - Nonexoneration

Section 2-608 - Exercise of Power of Appointment

Section 2-609 - Ademption by Satisfaction

Section 2-610 - Annuities

Section 2-701 - Scope

Section 2-702 - Requirement of Survival

Section 2-703 - Choice of Law as to Meaning and Effect of Donative Dispositions

Section 2-704 - Taxes on Qtips

Section 2-705 - Class Gifts Construed to Accord With Intestate Succession

Section 2-706 - Life Insurance; Retirement Plan; Account With Pod Designation; Transfer-on-Death Registration; Deceased Beneficiary

Section 2-707 - Survivorship With Respect to Future Interests Under Terms of Trust; Substitute Takers

Section 2-708 - Class Gifts to ''descendants'', ''issue'', or ''heirs of the Body''; Form of Distributions if None Specified

Section 2-709 - Representation; per Capita at Each Generation; per Stirpes

Section 2-710 - Worthier Title Doctrine Abolished

Section 2-711 - Future Interests in ''heirs'' and Like

Section 2-801 - Disclaimer of Property Interests

Section 2-802 - Effect of Divorce, Annulment, and Decree of Separation

Section 2-803 - Effect of Homicide on Intestate Succession, Wills, Trusts, Joint Assets, Life Insurance, and Beneficiary Designation

Section 2-804 - Revocation of Probate and Nonprobate Transfers by Divorce; No Revocation by Other Changes of Circumstances

Section 2-901 - Statutory Rule Against Perpetuities

Section 2-902 - When Nonvested Property Interest or Power of Attorney Appointment Created

Section 2-903 - Reformation

Section 2-904 - Exclusions From Statutory Rule Against Perpetuities

Section 2-905 - Prospective Application

Section 2-906 - Supersession