Acts of independent significance

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Scales of justice
Wills, trusts
and estates
Part of the common law series
Wills
Wills (legal history)
Joint wills and mutual wills
Will contract · Codicil
Holographic will · Oral will
Sections
Attestation clause
Residuary clause
Incorporation by reference
Contest
Testamentary capacity
Undue influence
Insane delusion · Fraud
Property disposition
Lapse and anti-lapse
Ademption · Abatement
Acts of
independent significance
Elective share
Pretermitted heir
Trusts
Express · Constructive
Resulting
Common types
Bare · Discretionary
Accumulation and Maintenance
Interest in possession
Charitable · Purpose · Incentive
Other types
Protective · Spendthrift
Life insurance · Remainder
Life interest
Reversionary interest
Honorary · Asset-protection
Governing doctrines
Pour-over will
Cy-près doctrine
Estate administration
Intestacy · Testator · Probate
Power of appointment
Simultaneous death · Slayer rule
Disclaimer of interest
Related topics
Totten trust
Other common law areas
Contract · Tort · Property
Criminal law · Evidence
v  d  e

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:

  1. 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.
  2. 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.


Wikipedia content modification information:

  • This page was last modified on 13 October 2008, at 23:49.

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