Acts of independent significance: Difference between revisions
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The doctrine is most frequently applied in two circumstances: |
The doctrine is most frequently applied in two circumstances: |
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#The testator devises property to a class of beneficiaries where the testator controls membership of the class. For example, Joey leaves the contents of his bank account "to my employees |
#The testator devises property to a class of beneficiaries where the testator controls membership of the class. For example, Joey leaves the contents of his bank account "to my employees." If Joey then fires some of his old employees and hires new ones, the new employees will inherit the contents of the bank account under this provision. |
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#The testator devises general categories or types of property, and then changes the specific items of property within that category or type. For example, Joey writes in his will, "I leave my car to Rachel". At the time of the writing, Joey drives a 1974 [[AMC Gremlin]]; however, Joey later sells the Gremlin and purchases a [[Rolls-Royce car|Rolls-Royce]]. Because the purpose for switching vehicles is to provide Joey with a more comfortable ride, and not to change the will without going through the appropriate testamentary formalities, the gift to Rachel remains enforceable. |
#The testator devises general categories or types of property, and then changes the specific items of property within that category or type. For example, Joey writes in his will, "I leave my car to Rachel". At the time of the writing, Joey drives a 1974 [[AMC Gremlin]]; however, Joey later sells the Gremlin and purchases a [[Rolls-Royce car|Rolls-Royce]]. Because the purpose for switching vehicles is to provide Joey with a more comfortable ride, and not to change the will without going through the appropriate testamentary formalities, the gift to Rachel remains enforceable. |
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Revision as of 23:49, 13 October 2008
| Wills, trusts and estates |
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| Part of the common law series |
| Wills |
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Sections Property disposition |
| Trusts |
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Common types Other types
Governing doctrines |
| Estate administration |
| Related topics |
| Other common law areas |
The doctrine of acts of independent significance, in the common law of wills, permits the testator to effectively change the disposition of her property without changing her will, if acts or events with relation to the property itself have some significance beyond avoiding the requirements of the will.
The doctrine is most frequently applied in two circumstances:
- The testator devises property to a class of beneficiaries where the testator controls membership of the class. For example, Joey leaves the contents of his bank account "to my employees." If Joey then fires some of his old employees and hires new ones, the new employees will inherit the contents of the bank account under this provision.
- The testator devises general categories or types of property, and then changes the specific items of property within that category or type. For example, Joey writes in his will, "I leave my car to Rachel". At the time of the writing, Joey drives a 1974 AMC Gremlin; however, Joey later sells the Gremlin and purchases a Rolls-Royce. Because the purpose for switching vehicles is to provide Joey with a more comfortable ride, and not to change the will without going through the appropriate testamentary formalities, the gift to Rachel remains enforceable.
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