Define: Specific Legatee

Specific Legatee
Specific Legatee
Quick Summary of Specific Legatee

A specific legatee is an individual designated in a will to inherit a particular piece of property or item upon the owner’s death. This could be items such as jewelry, artwork, or other personal possessions. This differs from a general legatee, who receives a specific amount of money from the estate, or a residuary legatee, who inherits whatever remains after all other bequests have been satisfied.

Full Definition Of Specific Legatee

A specific legatee, also known as a legatee or beneficiary, is an individual named in a will to inherit a particular item or property. For instance, if a person’s will specifies that their car should be passed on to their niece, then the niece becomes a specific legatee. Similarly, if a person’s will designates their antique collection to be given to a museum, then the museum becomes a specific legatee. These examples demonstrate that a specific legatee is someone who is designated to receive a specific item or property from the estate of a deceased individual.

Specific Legatee FAQ'S

A specific legatee is an individual or entity named in a will to receive a specific item or property, such as a piece of jewelry, a car, or a house.

A specific legatee is designated to receive a particular item or property, while a general legatee is entitled to a share of the estate’s assets without any specific designation.

Yes, a specific legatee has the right to refuse the bequest. This is known as disclaiming the gift, and it can be done for various reasons, such as not wanting to take on the associated responsibilities or tax implications.

Yes, a specific legatee has the legal right to sell or transfer the bequeathed item. However, it is advisable to consult with an attorney to ensure compliance with any legal requirements or restrictions.

If the specific item no longer exists at the time of the testator’s death, the specific legatee may be entitled to receive compensation or an equivalent item of similar value from the estate.

Yes, a specific legatee can challenge the validity of the will if they believe it was executed under undue influence, fraud, or lack of testamentary capacity. However, it is recommended to seek legal advice before pursuing such a challenge.

Yes, a testator has the right to amend or revoke their will at any time. This means that the specific legatee can be changed by executing a new will or a codicil, which is an amendment to the existing will.

Yes, a testator has the power to remove a specific legatee from the will by executing a new will or a codicil that explicitly revokes the previous bequest.

In general, a specific legatee cannot receive their bequest before the testator’s death unless the testator specifically allows for it in the will or through a separate legal arrangement, such as a trust.

If a specific legatee predeceases the testator, their bequest typically fails, and the item or property will be distributed according to the residuary clause of the will or the laws of intestacy if there is no residuary clause.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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