Approbate and Reprobate: The Legal Principles of Acceptance and Rejection
Definition & Meaning
The terms "approbate" and "reprobate" refer to the legal concepts of accepting and rejecting parts of a legal document, particularly a will. The principle is rooted in the idea that a person cannot approve a will's benefits while simultaneously denying its other provisions. This concept is often summarized by the maxim, "that which I approve, I cannot disapprove." In essence, if an individual benefits from a will, they must accept all its terms, not just the favorable ones.
Legal Use & context
These terms are primarily used in the context of estate planning and probate law. They come into play when a testator (the person who creates a will) distributes their assets among beneficiaries. The doctrine of approbate and reprobate ensures that beneficiaries cannot selectively accept parts of the will that favor them while rejecting parts that do not. This principle is crucial in maintaining the integrity of the testator's intentions.
Real-world examples
Here are a couple of examples of abatement:
For instance, if a testator leaves their house to Beneficiary A and a sum of money to Beneficiary B, Beneficiary A cannot choose to accept the house while rejecting the provision that gives a monetary gift to Beneficiary B. They must accept the entire will as it stands.