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MASSACHUSETTS STATUTES AND CODES

Section 1C Guardian ad litem for children omitted from wills

[Text of section effective until July 1, 2011. Repealed by 2008, 521, Sec. 12. See 2008, 521, Sec. 44.]

Section 1C. If it appears in the petition for the probate of a will, or in any paper or document filed in the registry of probate in connection with said petition, that the testator has omitted to provide in his will for any of his children, whether born before or after his death, or for the issue of a deceased child, whether born before or after the testator’s death, unless it appears from the will that such omission was intentional and not occasioned by accident or mistake, and if it shall also appear that any such child, or the issue of any deceased child is incompetent by reason of mental illness, minority or is under conservatorship, or is in the military service of the United States or its allies, unless such child or issue is represented by someone other than the petitioner, then a guardian ad litem shall be appointed and made a party to the petition for the probate of the will and shall be given notice by the petitioner of all proceedings relative to the probate of the will or granting of letters testamentary.

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