Posts Tagged ‘Houston estate planning’

Facts of Independent Significance

When putting together an estate plan, a testator has several options available to most precisely create a testament that reflects his or her wishes. Although many people may only think the specificity is the goal of each estate plan, some testators may also aim to be intentionally vague with some of their wording. Known as facts of independent significance, certain terms in a will or trust may be modified naturally.

A fact of independent significance works on the basis that some language may intentionally be undefined. One example of facts of independent significance is when a testator leaves property behind for a largely unspecific group of beneficiaries. For example, if a wealthy benefactor creates a will that provides a special part of an inheritance to his or her house workers, that property will go to any workers at the time of the will’s execution. Anyone hired since the creation of the will may be permitted to receive this property, while anyone fired will be discounted. Read more…