Assertion: bequest | /r/HasProperty | valid
Facets:
value: under others
type: OTHER
value: legally
type: MANNER
value: in that country
type: LOCATION
value: always
type: DEGREE
Source sentences:
text: As a practical matter, much of the probate process is centered around determining whether bequests under the will are valid or not.
text: If one bequeaths his property to a stranger under the belief that his son is dead, the bequest is invalid if the son afterward returns, because it is presumed that the bequest would not have been made to a stranger if the father had known that his son was living; but if the bequest is only of a portion of the property, it is valid, upon the presumption that it was intended to be a gift (B. B. 146b; Ḥoshen Mishpaṭ, 246, 1).
text: Bequests must be part of a valid will to be enforceable, and there are many state and federal laws that govern bequests.
text: This important distinction, therefore, must be noted, that a bequest by way of inheritance to persons other than the legal heirs is null and void, whereas a bequest by way of gift is valid.
text: A bequest of a claim against another person, or of an instrument of indebtedness held against another person, is valid even though none of the formalities required in cases of assignment of claims has been performed; provided, however, that the bequest was made in contemplation of death, or the testator parted with all his estate (B. B. 147b; "Yad," Zekiyah u-Mattanah, x. 2; Ḥoshen Mishpaṭ, 253, 20; see Assignment).
text: If he dies, his bequest is valid; but if his life is preserved, it is revocable by him even though there has been "ḳinyan," and
text: In Ireland a judgment of the Court of Chancery in 1823 found that in that country such bequests had always been legally valid.
text: Thus, if the testator's bequest is in writing, and the instrument contains the usual formula that symbolic seizure ("ḳinyan") has been made, but in fact this formality has not been complied with, such bequest is invalid; because it is impossible that the legatee should perform the ceremony of symbolic seizure with the testator after the latter's death (B. B. 152a; Ḥoshen Mishpaṭ, 250, 17).
text: When can bequests be invalid?
text: However, such bequests hold valid under certain circumstances and are invalid under others.