Legal Definitions - alternate legacy

An alternate legacy refers to a backup gift or bequest specified in a will. It is a provision made by the person writing the will (the testator) to ensure that if their primary intended gift to a beneficiary cannot be fulfilled for any reason – for instance, if the beneficiary dies before the testator, or if the specific item being given no longer exists – then a different, alternative gift or beneficiary will take its place. This prevents the gift from failing entirely and ensures the testator's wishes are carried out as closely as possible.

• Example 1: Specific Item and Monetary Alternative

  A will states, "I give my vintage convertible car to my nephew, Thomas. If Thomas does not survive me, or if I no longer own the car at the time of my death, then I give a sum of $15,000 to my niece, Olivia."

  Explanation: The vintage convertible car for Thomas is the primary legacy. The instruction for Olivia to receive $15,000 if Thomas cannot inherit or if the car is no longer available serves as the alternate legacy. It provides a clear backup plan for the testator's assets.

• Example 2: Charitable Donation with a Contingency

  A will includes the clause, "I bequeath $50,000 to the 'Children's Art Foundation.' If, at the time of my death, the 'Children's Art Foundation' no longer exists as a registered non-profit organization, or has significantly changed its mission, then I direct that the $50,000 be given to the 'Local Community Library Fund'."

  Explanation: The $50,000 for the 'Children's Art Foundation' is the initial legacy. The instruction to give the same amount to the 'Local Community Library Fund' if the primary charity is unavailable or unsuitable acts as the alternate legacy, ensuring the testator's charitable intent is still fulfilled.

• Example 3: Real Estate with a Secondary Beneficiary

  A will specifies, "I devise my lakeside cabin in Vermont to my friend, Michael. However, if Michael predeceases me, or if he chooses to decline this inheritance, then the lakeside cabin shall pass to my other friend, Susan."

  Explanation: The primary legacy is the lakeside cabin for Michael. The provision for Susan to inherit the cabin if Michael cannot or chooses not to accept it is the alternate legacy, providing a clear contingency plan for the property's distribution.