Facts of Independent Significance

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Presentation transcript:

Facts of Independent Significance

Basic Idea Can we look outside the four corners of the will to ascertain at-death property distribution?

Defined Something which has a legal purpose independent of disposing of property at death (not a testamentary instrument). Thus, can be effective to impact new owner of property without compliance with will formalities.

Examples 1. Welch – p. 213 Determine terms of trust from predeceased brother’s will.

Examples 2. Safe deposit box contents – n. 3, p. 216

Examples 3. Note in desk drawer – n. 4, p. 216

Tangible Personal Property Document

Examples 4. Identity of class gift members

Examples 5. Evidence to resolve ambiguities

Examples 6. Non-probate transfers

Examples 7. Tagging items of personal property To my daughter, Doris.