Acts of independent significance

Acts of independent significance

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.


Wikimedia Foundation. 2010.

Игры ⚽ Поможем написать реферат

Look at other dictionaries:

  • act of independent significance — noun A doctrine in the law of wills under which a testator may effectively change the disposition of his property without changing the text of the will, so long as the acts or events changing the disposition have some significance other than… …   Wiktionary

  • Irish Land Acts — British Prime Minister William Gladstone had taken up the Irish Question in part to win the general election of 1868 by uniting the Liberal Party behind this single issue. The shock of Fenian violence, especially in England , as well as the… …   Wikipedia

  • Pour-over will — A pour over will is a testamentary device wherein the writer of a will creates a trust, and decrees in the will that the property in his estate at the time of his death shall be placed in the trust. Under the common law of England, such devices… …   Wikipedia

  • Intestacy — Intestate redirects here. It is not to be confused with Interstate. Wills, trusts …   Wikipedia

  • Will (law) — Last Will redirects here. For the 2011 film, see Last Will (film). Wills, trusts …   Wikipedia

  • Charitable trust — Wills, trusts and estates …   Wikipedia

  • Advance health care directive — Living Will redirects here. For the 2011 film starring Ryan Dunn, see Living Will. Wills, trusts …   Wikipedia

  • Executor — This article is about the legal term. For other uses of the term, see Executor (disambiguation). Wills …   Wikipedia

  • Probate — Not to be confused with Probation. Wills, trusts and estat …   Wikipedia

  • Cy-près doctrine — Wills, trusts and estates …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”