A Legatee is a person named in a will to receive property. A legatee is another name for the more commonly used term beneficiary.
A legatee is a person who gets a legacy in a literal way. A legatee is a person who receives a legacy, which is personal property, from a will as part of the testator’s estate. This is known as the law of wills and property. The term “legatee” refers to anyone who inherits from a will, regardless of whether the property is real or personal. However, the term “devisee” refers to anyone who inherits real property from a will.
Legatees may also include organizations that receive personal property as part of a will inheritance. A beneficiary is the closest modern term to a legatee.
Uses for a Legatee in a Legal Document
A legatee is a person who is named in a legal document, such as a will, to receive a gift or inheritance from the person who made the document (the testator). There are many different uses for a legatee, ranging from inheriting specific items or property, to acting as a guardian for minor children, to receiving a charitable donation. This table provides an overview of the various uses for a legatee and related concepts.
| Use for Legatee | Description | Related Concepts |
|---|---|---|
| Inherit specific items or property | A legatee can be named to inherit specific items of property, such as a piece of jewelry, a painting, or a car. | Specific bequest, devise |
| Inherit a share of the estate | A legatee can be specified to receive a certain percentage or share of the testator’s estate. | Residuary bequest |
| Act as a trustee or executor | A legatee can be named as a trustee or executor of the estate, responsible for managing the assets and distributing them according to the terms of the will. | Trustee, executor |
| Act as a guardian for minor children | A legatee can be named as the guardian of minor children in a will, responsible for their care and well-being. | Guardian, minor children |
| Receive a gift or bequest | A legatee can be named to receive a gift or bequest, which is a specific sum of money or other property that is given as a gift. | Bequest, gift |
| Receive a life estate | A legatee can be granted the right to use and occupy a property for the duration of their lifetime, after which the property will pass to another person or entity. | Life estate |
| Receive a trust | A legatee can be named as a beneficiary of a trust, which is a legal arrangement in which property or assets are held and managed by a trustee for the benefit of the beneficiary. | Trust, beneficiary |
| Receive a charitable donation | A legatee can be a charitable organization or cause that is named to receive a donation from the testator’s estate. | Charitable donation, charitable bequest |
| Receive a power of attorney | A legatee can be granted a power of attorney, which is a legal authority to act on behalf of the testator in financial and legal matters. | Power of attorney, attorney-in-fact |
| Act as a personal representative | A legatee can be named as the personal representative of the testator, responsible for carrying out the terms of the will and handling the administration of the estate. | Personal representative, administrator |
What Is The Difference Between Legatees and Devisees
It’s important to understand the difference between a legatee and a devisee because of the type of property they receive. A devisee receives real property while a legatee receives tangible personal property. Once specific bequests have been made, the remaining estate of the testator is given to the residuary legatee. The residuary clause of the will grants the first right to apply for letters of administration with the will annex. The name of a residuary legatee will be included in a will to receive any remaining assets. After deducting the costs of estate administration and any applicable inheritance tax, he or she is officially designated as the heir apparent.
- What is a legatee?
- A legatee is a person who is named in a legal document, such as a will or trust, to receive a gift or inheritance from the person who made the document (the testator).
- How is a legatee named in a legal document?
- A legatee is typically named in a legal document by specifying their name and relationship to the testator, and by specifying the specific gift or inheritance that they are to receive.
- What are the different roles and responsibilities of a legatee?
- The role and responsibilities of a legatee depend on how they are named in the legal document and the terms of the gift or inheritance. A legatee may be responsible for managing and distributing assets, acting as a guardian for minor children, or carrying out the terms of the will or trust.
- Can a legatee be a minor or an incapacitated person?
- Yes, a legatee can be a minor or an incapacitated person. In such cases, the legal document may specify a guardian or trustee to manage the gift or inheritance on behalf of the legatee.
- Can a legatee be a charitable organization or cause?
- Yes, a legatee can be a charitable organization or cause that is named to receive a donation from the testator’s estate.
- Can a legatee challenge the terms of a will or trust?
- Yes, a legatee can challenge the terms of a will or trust if they believe that the document is invalid or that their rights as a legatee have been violated.
- What happens if a legatee predeceases the testator?
- If a legatee predeceases the testator, the gift or inheritance that was intended for them may pass to a different legatee or to the residuary beneficiaries of the estate.
- Can a legatee waive their rights as a legatee?
- Yes, a legatee can waive their rights as a legatee by executing a written renunciation of their inheritance.
- Can a legatee renounce their inheritance?
- Yes, a legatee can renounce their inheritance by executing a written renunciation and delivering it to the personal representative of the estate.
- Can a legatee be held responsible for the debts or taxes of the estate?
- A legatee may be held responsible for the debts or taxes of the estate if they are also acting as the personal representative of the estate and are responsible for paying the debts and taxes. In other cases, the legatee is not typically responsible for the debts or taxes of the estate.
An illustration of the difference between devisees and Legatees
- Specific devisee – This is a person or entity that is named in the will to receive specific real estate that belonged to the decedent.
- Residuary devisee – The residuary devisee is a person or entity that is entitled in the will to receive all of the real property not specifically devised under the will.
- Specific legatee – This is a person or entity who is named to receive personal property under the will. An example would be someone who is stated to receive jewelry in the decedent’s will.
- Residuary legatee – The residuary legatee is a person or entity who is named to receive all of the personal property that was not specifically assigned under the will.
Process of receiving assets for a legatee
A legatee receives assets if they are the beneficiary of a title or if the real property is held in trust. If they are not the beneficiary of the assets then the real property will go through the probate court process and they will receive the assets once a request has been made to the court and a final distribution of assets occurs.
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