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Encyclopedia > Acts of independent significance
The law of wills and trusts
Part of a series on the common law
Inheritence
Intestacy  · Testator  · Probate
Power of appointment
Simultaneous death  · Slayer rule
Disclaimer of interest
Types of will
Holographic will  · Will contract
Joint wills and mutual wills
Parts of a will
Codicil  · Attestation clause
Incorporation by reference
Residuary clause
Problems of property disposition
Lapse and anti-lapse
Ademption  · Abatement
Acts of independent significance
Elective share  · Pretermitted heir
Contesting a will
Testamentary capacity  · Undue influence
Trusts
Pour-over will  · Spendthrift trust
Charitable trust  · Cy pres doctrine
Resulting trust  · Constructive trust
Honorary trust
Other areas of the common law
Contract law  · Tort law  · Property law
Criminal law  · Evidence
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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 changed her will, if acts or events with relation to the property itself have some significance beyond avoiding the requirements of the will. Image File history File links Legal portal image File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Corruption Jurisprudence Philosophy of law Law (principle) List of legal abbreviations Legal code Intent Letter versus Spirit Natural Justice Natural law Religious law Witness intimidation Legal research External links Wikibooks Wikiversity has more about this subject: School of Law Look up law in Wiktionary, the free dictionary Law, Legal Definitions... In the law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Intestacy refers to the body of common law that determines who is entitled to the property of a dead person in the absence of a last will and testament or other binding declaration. ... A testator is a person who has made a legally binding will or testament, which specifies what is to be done with that persons family and/or property after death. ... Probate is the legal process of settling a dead persons estate: specifically, distributing the decedents property. ... In the law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... A holographic will is an unwitnessed will and testament written by the testator personally, rather than being prepared by a lawyer, another person acting on the testators behalf, or from a pre-printed form. ... In the law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... Codicil can refer to: An addition made to a will Any addition or appendix, such as a corollary to a theorem A poem by Derek Walcott This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ... Lapse and anti-lapse are complementary concepts under the law of wills, which address the disposition of property that is willed to someone who dies before the testator (the writer of the will). ... Ademption is a term used in the law of wills to determine what happens when property bequested under a will is no longer in the testators estate when the testator dies. ... Abatement (derived through the French abattre, from the Late Latin battere, to beat), a beating down or diminishing or doing away with; a term used especially in various legal phrases. ... An elective share is a term used in American law relating to inheritance, which describes a proportion of an estate which the surviving spouse of the deceased may claim in place of what they were left in the decedents will. ... A pretermitted heir is a term used in the law of property to describe a person who would likely stand to inherit under a will, except that the testator (the person who wrote the will) did not know or did not know of the party at the time the will... A will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator (the party who made the will). ... Undue influence (as a term in jurisprudence) is an equitable doctrine that involves one person taking advantage of a position of power over another person. ... In common law legal systems, a trust is a relationship in which a person or entity (the trustee) has legal control over certain property (the trust property or trust corpus), but is bound by a fiduciary duty to exercise that legal control for the benefit of someone else (the beneficiary... 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. ... A charitable trust is a trust organized to serve private or public charitable purposes. ... The cy pres doctrine (pronounced as see-pray) is doctrine of the Court of equity. ... In common law legal systems, a trust is a relationship in which a person or entity (the trustee) has legal control over certain property (the trust property or trust corpus), but is bound by fiduciary duty to exercise that legal control for the benefit of someone else (the beneficiary), according... A constructive trust is a legal device used by courts sitting in equity to resolve claims raised by a plaintiff whose property has been converted to a profitable use by the defendant. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... Property law is the law that governs the various forms of ownership in real property (land as distinct from personal or moveable possessions) and in personal property, within the common law legal system. ... Criminal law (also known as penal law) is the body of law that punishes criminals for committing offences against the state. ... The law of evidence governs the use of testimony (eg. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... In the law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... A testator is a person who has made a legally binding will or testament, which specifies what is to be done with that persons family and/or property after death. ...


The doctrine is most frequently applied in two circumstance:

  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.

  Results from FactBites:
 
Linguistics (1400 words)
Contextual and independent -- Contextual linguistics is concerned with how language fits into the world: its social function, how it is acquired, how it is produced and perceived.
Independent linguistics considers languages for their own sake, aside from the externalities related to a language.
The independent significance of each of these areas is not universally acknowledged, however, and nearly all linguists would agree that the divisions overlap considerably.
  More results at FactBites »

 
 

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