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LSDefine

Simple English definitions for legal terms

independent-significance doctrine

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A quick definition of independent-significance doctrine:

The independent-significance doctrine is a rule in wills and estates that says a person's wishes in their will should be respected if they are not just trying to avoid following the rules of the will. For example, if someone leaves the contents of their safe-deposit box to their niece, this is allowed because the box has value even without the will.

A more thorough explanation:

The independent-significance doctrine is a principle in wills and estates law that states that a testator's disposition will be given effect if it is not solely done to avoid the requirements of a will.

For example, if a testator leaves the contents of their safe-deposit box to their niece in their will, this gift is valid because the safe-deposit box has utility or significance independent of the will. The contents of the box would still belong to the niece even if the testator had not included this provision in their will.

Another example could be a testator leaving their car to their friend who frequently borrowed it. The car has independent significance because it is a valuable asset that the friend would have a legitimate claim to even if the testator had not included it in their will.

The independent-significance doctrine ensures that a testator's wishes are respected as long as they are not solely motivated by a desire to avoid the requirements of a will.

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