Massachusetts Agencies

Incorporation by Reference

Fiduciary Powers

G.L.c. 184B creates and permits to be incorporated by reference certain "Statutory Optional Fiduciary Powers," However, these statutory powers can be given to a trustee (or a fiduciary in a will) only "by specific reference thereto."

A companion statute, G.L.c. 191B (Uniform Statutory Will Act) is a bit more comprehensive and provides for a "shorthand" kind of will — by incorporating the statute by reference the terms of the entire will (except as otherwise expressly provided by the will) are created by the statute. In addition to setting out powers of the fiduciary similar to those provided for under G.L.c. 184B, the statute provides for various "default" distribution schemes of the probate estate to the surviving spouse.