Retroactive Abolition of the Stranger to the Adoption Rule Held Unconstitutional
In 2009, the Massachusetts statutes were amended to apply the definition of “issue” which includes adopted persons to all wills and trusts whenever created. In Bird Anderson v. BNY Mellon, N.A., 974 N.E.2d 21 (Mass. 2012), the Massachusetts Supreme Judicial Court held that retroactive application of the new definition violated due process when its application would diminish a vested interest.Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.
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