A legatee is someone who benefits from a testamentary bequest while an heir is someone who receives the estate.
A will must be a document that is very much alive and follows the testator's evolving thoughts throughout their life. Moreover, the will must withstand the test of time since the moment of the testator's death is generally unknown.
A Lady bequeaths the entirety of her assets to her two brothers and intentionally fails to designate any other legatees in her will, including her disabled son whose care has been entrusted to the state of New York. Upon the Lady's death, her two predeceased brothers, the executor named in the will, petitions the Court* to determine if the state of New York can appropriate all the assets of the Lady's estate in order to provide for the maintenance and care of her disabled son.
In the presence of both a testamentary and intestate succession, the Court confirms that the disabled son is the sole heir in accordance with the rules of succession set forth in the Civil Code of Quebec. Relying on case law and the Civil Code of Quebec, the judge considers that the son is not a legatee but an heir. A legatee is someone who benefits from a testamentary bequest, while an heir is someone who inherits in intestacy.
Although the will specifically allows the executor to administer the assets bequeathed to an incompetent legatee, the Court does not recognize this right with regards to the assets bequeathed to the heir, the disabled son. Therefore, the executor is obliged to transfer nearly $1,000,000 to the state of New York for the well-being of the disabled son.
A well-drafted will allows one to have the final say without bequeathing any problems.
* C.S. 500-05-056238-007,2000-10-17
