Also known as: testamentary transfers · testamentary disposition
Written by attorneys · grounded in primary & secondary sources — see below
A transfer of property effected by a will. The transfer may convey something less than absolute ownership and is subject to the rules governing classification of devises as specific, general, demonstrative, or residuary.
Tara Tran executes a will leaving her 200-acre farm to her niece. At death the farm remains in the estate. The probate court classifies the gift as a specific devise under the Restatement classification and directs distribution of that identified asset to the niece rather than from general estate funds.
Theresa Tucker's will attempts to pass a portion of her deceased husband's ERISA-governed survivor annuity to their sons. The Supreme Court holds that the attempted testamentary transfer conflicts with the federal antialienation provision and is therefore preempted.
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Tori Taylor executes a revocable trust amendment that redirects assets away from her children. The court treats the amendment as an attempted testamentary transfer and invalidates it because the donor lacked capacity at the time of execution.
Tristan Thompson's will names his children as beneficiaries of his ERISA plan. After divorce the ex-spouse remains the designated beneficiary on plan records. The Supreme Court holds that state law attempting to revoke the designation by operation of the will is preempted.
Talia Torres's will directs that her house be destroyed after her death. The court refuses to enforce the direction because the testamentary transfer of the house cannot be conditioned on its destruction, which would violate public policy.
Tiffany Torres delivers a letter declaring an immediate gift of a painting to her son while reserving a life estate for herself. The court upholds the transfer as a valid inter vivos gift rather than an ineffective testamentary disposition because donative intent and delivery occurred during life.
The Restatement classifies such a gift as a specific devise. Classification determines whether doctrines such as ademption apply and how the gift is satisfied from estate assets.
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Yes. Federal antialienation provisions bar the testamentary transfer of ERISA survivor annuities, so state probate orders awarding those benefits are preempted.
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Property acquired during marriage by a disposition at death from a third person to one spouse alone is classified as that spouse's individual property under marital-property statutes.
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The tenant in tail has no power to devise the land. Title passes according to the original deed creating the fee tail rather than under the will.
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…vivas gift requires that the donor intend to make an irrevocable present transfer of ownership; if the intention is to make a testamentary disposition effective only after death, the gift is invalid unless made by will ( see, McCarthy v Pieret , 281 NY 407, 409; Gannon v McGuire , 160 NY 476, 481; Martin v Funk , 75 NY 134,…