Submitted by stawasz_r on Mon, 12/20/2010 - 11:44
I am in the process of writing a will that I hope to put into effect shortly. Do the UPC changes going into effect in July 2011 affect only the probate process going forward after that date or does it affect whether I can use terms such as "personal representative" instead of "executor," "devise" instead of "legacy or bequest," or "devisee" instead of "legatee or beneficiary" now? Would it be safer to use them in conjunction with each other?
MA UPC
Not every Will needs to be re-drafted to comport with the recently enacted MA UPC. That said, all documents currently leaving my office are "UPC ready". It makes sense to me to structure the Will to take advantage of the new and helpful provisions of the UPC. Note that the effective date of the MA UPC is likely to be delayed (or may have already been delayed)to allow the courts additional time to prepare.
Attorney Peter Bernardin