Section 5. (a) A personal representative or trustee may make an irrevocable transfer pursuant to section nine to a custodian for the benefit of a minor as authorized in the governing will or trust.
(b) If the testator or settlor has nominated a custodian under section three to receive the custodial property, the transfer shall be made to such custodian.
(c) If the testator or settlor has not nominated a custodian under said section three, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under subsection (a) of section nine.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Chapter 201a - Uniform Transfers to Minors Act
Section 2 - Scope and Jurisdiction
Section 3 - Nomination of Custodian
Section 4 - Transfer by Gift or Exercise of Power of Appointment
Section 5 - Transfer Authorized by Will or Trust
Section 6 - Other Transfer by Fiduciary
Section 7 - Transfer by Obligor
Section 8 - Receipt for Custodial Property
Section 10 - Single Custodianship
Section 11 - Validity and Effect of Transfer
Section 12 - Care of Custodial Property
Section 13 - Powers of Custodian
Section 14 - Use of Custodial Property
Section 15 - Custodian's Expenses, Compensation, and Bond
Section 16 - Exemption of Third Person From Liability
Section 17 - Liability to Third Persons
Section 19 - Accounting by and Determination of Liability of Custodian
Section 20 - Termination of Custodianship
Section 22 - Effect on Existing Custodianships