Ab irato is a Latin term that translates to "from anger." In legal contexts, it refers to a gift or bequest made out of anger or resentment, which adversely affects the interests of an heir. Such a gift is known as a testament ab irato. When someone wishes to challenge or set aside this type of conveyance, they may initiate an action ab irato.
This term is primarily used in estate law, particularly in cases involving wills and inheritances. It is relevant when an individual believes that a bequest was made under undue influence or in a fit of anger, which could invalidate the intent behind the gift. Users can often manage these situations through legal forms and templates available from resources like US Legal Forms.
Here are a couple of examples of abatement:
For instance, if a parent disinherits a child due to a recent argument and leaves their estate to a friend instead, this may be considered a testament ab irato. The disinherited child could then pursue an action ab irato to contest the will.
Examples of state differences (not exhaustive):
| State | Legal Considerations |
|---|---|
| California | Allows for contesting wills based on undue influence. |
| New York | Strict requirements for proving emotional state. |
| Texas | Recognizes ab irato gifts but has specific statutes governing wills. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Undue Influence | Improper pressure to change a will or trust. | Focuses on manipulation rather than anger. |
| Testamentary Capacity | The legal ability to make a will. | Concerns mental state rather than emotional state. |
If you believe a gift was made out of anger and adversely affects your inheritance, consider taking the following steps:
Browse our library of 85,000+ state-specific legal templates.
It means a gift made out of anger that negatively impacts an heir's interests.