Acts of independent significance

All you want to know about Acts of independent significance


Wills, trusts and estates

Part of the common law series
Wills
Wills (legal history) Joint wills and mutual wills Will contract · Codicil Holographic will · Oral will
Sections Attestation clause Residuary clause Incorporation by reference
Contest Testamentary capacity Undue influence Insane delusion · Fraud
Property disposition Lapse and anti-lapse Ademption · Abatement Acts of independent significance Elective share · Pretermitted heir
Trusts
Express · Constructive · Resulting
Common types Bare · Discretionary Accumulation and Maintenance Interest in possession Charitable · Purpose · Incentive
Other types Protective · Spendthrift Life insurance · Remainder Life interest · Reversionary interest Honorary · Asset-protection Special needs (Supplemental Needs)
Governing doctrines Pour-over will · Cy-près doctrine
Estate administration
Intestacy · Testator · Probate Power of appointment Simultaneous death · Slayer rule Disclaimer of interest
Related topics
Living will (advance directives) Totten trust
Other common law areas
Contract · Tort · Property Criminal law · Evidence
v • d • e

The doctrine of acts of independent significance, in the common law of wills, permits the testator to effectively change the disposition of her property without changing her will, if acts or events with relation to the property itself have some significance beyond avoiding the requirements of the will.

The doctrine is most frequently applied in two circumstances:

The testator devises property to a class of beneficiaries where the testator controls membership of the class. For example, Joey leaves the contents of his bank account "to my employees". If Joey then fires some of his old employees and hires new ones, the new employees will inherit the contents of the bank account under this provision.
The testator devises general categories or types of property, and then changes the specific items of property within that category or type. For example, Joey writes in his will, "I leave my car to Rachel". At the time of the writing, Joey drives a 1974 AMC Gremlin; however, Joey later sells the Gremlin and purchases a Rolls-Royce. Because the purpose for switching vehicles is to provide Joey with a more comfortable ride, and not to change the will without going through the appropriate testamentary formalities, the gift to Rachel remains enforceable.