Variations to testate distributions

Question 1

Will a lifetime gift to a beneficiary be a satisfaction of legacies at common law?

Answer 1

There is a presumption that a lifetime gift made to a beneficiary in a will was partial or total satisfaction of the legacy to be be taken into account when distributing the testator’s estate at death

Question 2

Does NY say that a lifetime gift to a beneficiary can be a satisfaction of legacies at common law?

Answer 2

No, there is no satisfaction of legacy unless proved by contemporaneous writing at time of gift and signed by donor/donee ‘down payment on legacy given to you in my will’.

Question 3

Can you incorporate by reference at common law?

Answer 3

Yes you can incorporate a document by reference if the document was in existence when the will was drafted and the document is referenced in the will.

Question 4

Does NY allow you to incorporate by reference at common law?

Answer 4

No.

Question 5

Are acts performed by testator after will executed which have a purpose or motive independent of any testamentary purpose given full effect when distributions made?

Answer 5

Yes.