Legal Definitions - accumulative legacy

An accumulative legacy refers to a gift or inheritance specified in a will that is intended to be *added to* another gift previously made to the same beneficiary. This means the beneficiary receives both gifts, rather than the later gift replacing or revoking the earlier one. The person making the will (the testator) must clearly express their intention for the gifts to accumulate, either explicitly in the will's language or through the overall context and circumstances.

Here are some examples to illustrate this concept:

• Example 1: Multiple Monetary Gifts

  A will contains a clause stating, "I give $25,000 to my nephew, Michael." Later in the same will, another clause reads, "I also give an additional $10,000 to my nephew, Michael, to be received alongside his previous inheritance."

  Explanation: The $10,000 is an accumulative legacy because the will explicitly states it is "additional" and to be received "alongside" the initial $25,000. Michael will therefore receive a total of $35,000 from the estate.

• Example 2: Specific Item and Monetary Gift

  A will includes a provision stating, "I bequeath my vintage coin collection to my granddaughter, Olivia." A separate section of the will then states, "I also give $15,000 to my granddaughter, Olivia."

  Explanation: In this scenario, unless there is specific language indicating that the monetary gift is meant to replace the coin collection, both are generally considered accumulative legacies. Olivia would inherit both the coin collection and the $15,000, as the later gift is not intended to substitute the earlier gift of the specific item.

• Example 3: Gifts in a Will and a Codicil

  A will, drafted in 2018, leaves "my entire art studio equipment to my mentee, Alex Chen." In 2022, the testator adds a codicil (an amendment to the will) that states, "I give $5,000 to Alex Chen, in appreciation of his dedication to art."

  Explanation: The $5,000 gift in the codicil is an accumulative legacy. It is intended to be *in addition to* the art studio equipment previously bequeathed in the original will, not to replace it. Alex Chen will inherit both the equipment and the money.