MA state probate and estate planning law, duties and responsibilities of the executor

Once the executor files the will with the court, any person can look and take a copy of the will. Depending on what's outlined in the powers for the executor in the will, the executor may or may not have the power to make donations. Keep in mind also that there might have been a trust also. In that case, unless it's a testamentary trust, it is not public record.

While there is no requirement that an Executor or Administrator provide copies of a will or trust to any particular individual, it is generally considered good practice to do so. In any event, as indicated in another answer above, these instruments become “public records” upon being presented to the Family and Probate Court, and copies can be had for the asking.

As also indicate above, unless a trust is “testamentary” (an integrated part of a will being presented to the Court) it would likely be considered private, and not, by design, subject to the jurisdiction of a Court or publicly available. While Court action brought by a Beneficiary might force a Trustee to provide a copy, some Trusts have provisions which specifically preclude provision of a copy.

I have drafted trusts where the Clients specifically wanted to withhold any information regarding them from beneficiaries. The typical case was where the Client’s child was divorced from the Beneficiary/grandchildren’s mother, and the Clients’ did not want their former daughter-in-law to have easy access to their private financial information, even after their deaths. The trusts provide that the caretaker(s) of the minor grandchildren can provide financial information to the Trustee in order for the Trustee to make decisions regarding possible discretionary payouts on the Grandchildren’s behalf, but the trusts also specifically provide that neither the Grandchildren, nor any person on their behalf, are entitled to any information regarding the Trusts, and more specifically, information regarding the value of the trusts.