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MASSACHUSETTS STATUTES AND CODES

Section 6 Liability for disposition of disclaimed property

[Text of section effective until July 1, 2011. Repealed by 2008, 521, Sec. 11. See 2008, 521, Sec. 44.]

Section 6. No person or other legal entity having custody or possession of the property, an interest in which is being or has been disclaimed, shall be liable for any distribution or other disposition made prior to the delivery to him or it of a copy of the disclaimer, pursuant to the requirements of section five; and no such person or other legal entity shall be liable for any good faith distribution or other disposition made in reliance upon a disclaimer, the form of which is in accordance with the requirements of section four, and a copy of which has been delivered to him or it pursuant to the requirements of section five.

If a disclaimer certifies, with particularity, that none of the contingencies specified in section eight, which would result in waiver or bar of the beneficiary’s right to disclaim, are applicable, any person or other legal entity having custody or possession of the property, and any third party purchaser of the property, an interest in which is being or has been disclaimed, shall be entitled to rely without further inquiry upon the aforesaid certifications.

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