Words of Purchase: Key Insights into Their Legal Meaning and Use

Definition & Meaning

A word of purchase refers to specific language used in a will that identifies the individuals who will receive property or benefits from the estate. For example, the term "children" typically indicates a word of purchase, meaning it designates the recipients of the estate rather than limiting the estate itself. Conversely, terms like "heirs" may serve as words of limitation, defining the extent of the estate rather than specifying who will inherit it.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A will states, "I leave my estate to my children." Here, "children" is a word of purchase, clearly identifying the beneficiaries.

Example 2: A will includes the phrase, "I give my estate to my heirs." In this case, "heirs" may be interpreted as a word of limitation, potentially restricting the distribution to a defined group rather than specifying individual beneficiaries.

State-by-state differences

Examples of state differences (not exhaustive):

State Words of Purchase Interpretation
California Generally interprets "children" as a word of purchase.
New York Similar interpretation, with "heirs" often seen as words of limitation.
Texas Follows similar principles but may have specific statutes affecting interpretation.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition
Words of Purchase Terms that identify beneficiaries in a will.
Words of Limitation Terms that define the extent or duration of an estate.

What to do if this term applies to you

If you are drafting a will or dealing with an estate, ensure you understand the implications of words of purchase. Consider using templates from US Legal Forms to create clear and legally sound documents. If your situation is complex, it may be wise to consult a legal professional for personalized advice.

Quick facts

  • Common terms: children, issue, heirs
  • Legal area: Estate planning, probate law
  • Potential costs: Varies by attorney and complexity of the estate

Key takeaways

Frequently asked questions

A word of purchase identifies the beneficiaries who will receive assets from an estate.