Massachusetts General Laws

Mass. Gen. Laws ch. 184, § 6A (2026)

''Heirs'' and ''next of kin'' construed

✓ current as of July 2026

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Section 6A. In a limitation of real or personal property to a class described as the ''heirs'' or ''next of kin'' of a person, or described by words of similar import, to take effect in enjoyment upon the happening of an event within the period of the rule against perpetuities, the class shall, unless a contrary intention appears by the instrument creating such limitation, be determined as if such person died at the time of the happening of such event.

Notes of Decisions

Cited in 2 cases, 1965–2011 · leading case: Matteson v. Walsh, 947 N.E.2d 44 (Mass. App. Ct. 2011).

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Matteson v. Walsh, 947 N.E.2d 44 (Mass. App. Ct. 2011). · cites it 2× “l, a change in the rule was effectuated, for instruments created after January 1, 1965, such as the will at issue here, by virtue of G. L. c. 184, § 6A, inserted by St. 1964, c.”

Boston Safe Deposit & Trust Co. v. Schmitt, 212 N.E.2d 202 (Mass. 1965). “307, § 1, which reads, “In a limitation of real or personal property to a class described as the ‘heirs’ or ‘next of kin’ of a person, or described by words of similar import, to take effect in enjoyment upon the happening of an event within the period of the rule against…”

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