Morte Legatarii Perit Legatum: The Impact of Legatee's Death on Legacies
Definition & meaning
The phrase "morte legatarii perit legatum" translates to "the legacy perishes by the death of the legatee." This legal principle indicates that if a person designated to receive a legacy (the legatee) dies before the grantor (the person giving the legacy), the legacy is no longer valid. This rule primarily applies when the legacy is given to the legatee individually. If the grantor bequeaths a legacy to a group, such as a son and their heirs, the legacy typically survives even if one legatee dies, as long as others in the group are still alive.
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This principle is often encountered in estate planning and probate law. It is essential for individuals creating wills and trusts to understand how the death of a legatee affects the distribution of their estate. The concept is particularly relevant in civil law, where legacies are a common aspect of inheritance. Users can manage their estate planning needs using legal templates available through US Legal Forms, which are drafted by qualified attorneys.
Key Legal Elements
Real-World Examples
Here are a couple of examples of abatement:
Example 1: A grandmother bequeaths $10,000 to her grandson. If the grandson dies before the grandmother, the $10,000 legacy lapses and is not distributed.
Example 2: A father bequeaths his estate to his three children. If one child dies before the father, the remaining two children still receive their shares of the estate. (hypothetical example)
State-by-State Differences
State
Variation
California
Legacies to a class can survive if at least one member is alive.
New York
Similar to California, legacies to a class do not lapse if one member survives.
Texas
Follows the same principle; legacies to individuals lapse upon their death.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with Related Terms
Term
Definition
Difference
Lapse
The failure of a legacy due to the legatee's death.
Morte legatarii perit legatum is a specific instance of lapse.
Residuary legacy
A portion of the estate left after specific legacies are distributed.
Residuary legacies may not lapse in the same way as specific legacies.
Common Misunderstandings
What to Do If This Term Applies to You
If you are involved in estate planning or are a legatee, it's important to understand how this principle may affect your situation. Consider consulting with a legal professional to ensure your wishes are clearly articulated in your will or trust. Additionally, you can explore US Legal Forms for templates that can help you create or modify your estate planning documents.
Quick Facts
Applies to individual legacies only.
Can impact estate distribution significantly.
Commonly addressed in wills and trusts.
Key Takeaways
FAQs
If the legatee dies before the grantor, the legacy typically lapses unless it is part of a class of beneficiaries.
Generally, legacies cannot be transferred after the legatee's death; however, the will may specify alternate beneficiaries.
To prevent a legacy from lapsing, consider bequeathing to a class of beneficiaries or naming alternate legatees in your will.
