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Understanding the Doctrine of Independent Legal Significance

Exploring the concept of looking beyond a will to determine property distribution, focusing on legally impactful items not subject to formal will requirements like personal effects or written notes. Examples and implications discussed.

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Understanding the Doctrine of Independent Legal Significance

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  1. Facts of Independent Significance

  2. Basic Idea • Can we look outside the four corners of the will to ascertain at-death property distribution?

  3. Defined • Something which has a legal purpose independent of disposing of property at death. • Thus, can be effective to impact new owner of property without compliance with will formalities.

  4. Examples • 1. Welch – p. 226

  5. Examples • 2. Safe deposit box contents – n. 3, p. 230

  6. Examples • 3. Note in desk drawer – n. 4, p. 230

  7. Examples • 4. Identity of class gift members

  8. Examples • 5. Evidence to resolve ambiguities

  9. Examples • 6. Non-probate transfers

  10. Examples • 7. Tagging items of personal property To my daughter, Doris.

  11. Tangible Personal Property Document

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