Also known as:ambulatory instrument · ambulatory will · ambulatory wills · revocable will · revocable instrument
Written by attorneys · grounded in primary & secondary sources — see below
A category of donative instruments that remain revocable or amendable by the maker until death. The category encompasses wills and revocable will substitutes such as revocable trusts and beneficiary designations.
Sources & Authorities
How it applies
Common Examples
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Revocable Trust Execution
After her psychiatric discharge, Vivienne executed a revocable living trust transferring her clothing store inventory and lease to Frankie. She accurately described the assets, the revocation power, and her desire that Frankie maintain operations if her health declined. Because the instrument remained ambulatory, Vivienne retained the ability to alter or revoke it at any time before death, and the trust was upheld once she demonstrated the required understanding of her property, beneficiaries, and disposition.
Palimony Agreement Dispute
Maeker claimed a will executed by her former partner constituted a written palimony agreement. The court examined whether the ambulatory character of the will allowed it to serve as the required writing under the statute of frauds. Because the instrument stayed revocable until death, its terms could be altered, which affected whether it satisfied the formal requirements for an enforceable palimony contract.
Select any source to read its text and confirm it supports the definition.
Restatements
Casebooks
Maeker v. Ross99 A.3d 795 (N.J. 2014)
Common questions
Frequently Asked
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What mental capacity is required to execute an ambulatory instrument?+
The maker must be capable of knowing and understanding in a general way the nature and extent of the property, the natural objects of bounty, and the disposition being made, and must be able to relate these elements and form an orderly desire regarding the disposition.
Supporting sources
Does divorce automatically revoke dispositions in ambulatory instruments?+
Yes. Under the usual modern rule, a final divorce revokes by operation of law any revocable gift or fiduciary nomination in favor of a former spouse contained in a will or revocable will substitute, treating the former spouse as having predeceased the maker.
Supporting sources
Can a person with dementia still execute an ambulatory instrument?+
Yes. A dementia diagnosis does not automatically destroy capacity. The test focuses on whether, at the moment of execution, the maker could generally understand the property, family members, and intended disposition and relate those elements in an orderly plan.
Supporting sources
How does the capacity standard for ambulatory instruments differ from that for irrevocable gifts?+
Ambulatory instruments require only testamentary capacity. Irrevocable gifts demand the additional ability to understand the effect of the transfer on the donor's future financial security and that of any dependents.
Supporting sources
99 A.3d 795 (N.J. 2014)Family Law
…palimony agreement. Ross submits that a will, by its very nature, is not a contract requiring consideration but rather is a revocable instrument and, therefore, it is not legally binding by a testator who changes his mind. Ross also asks this Court to decline to address the constitutional impairment-of-contract argument, because it…
Trusts and Estates Decedents EstatesWills · Will contestsUBEFoundational