Legal Definitions - cumulative legacy

A cumulative legacy refers to a gift made in a will that is intended to be in addition to any other gifts previously made to the same beneficiary within the same will or in a separate amendment (known as a codicil). When a person creates a will, they might make several provisions for the same individual. A cumulative legacy clarifies that these gifts are meant to "stack up" or be combined, rather than one gift replacing or superseding another. The intention of the person making the will is key in determining if a legacy is cumulative.

• Scenario: An elderly woman, Mrs. Henderson, drafts her will. In the first section, she states, "I give my granddaughter, Emily, the sum of $50,000." Later, after acquiring a valuable painting, she adds a codicil to her will, stating, "I also give my granddaughter, Emily, my oil painting titled 'Sunset over the Bay'."

  Explanation: In this case, the gift of the painting is a cumulative legacy. Mrs. Henderson's use of "also" clearly indicates her intent for Emily to receive both the $50,000 cash and the painting, not just one or the other. The painting is an additional gift, adding to the initial monetary bequest.

• Scenario: Mr. Davies' will contains multiple clauses benefiting his nephew, Mark. One clause reads, "To my nephew, Mark, I leave my entire collection of vintage vinyl records." A separate, later clause in the same will states, "Furthermore, I bequeath to my nephew, Mark, the sum of $10,000 from my investment account."

  Explanation: Both the vinyl record collection and the $10,000 are cumulative legacies. The phrasing "Furthermore" signals that Mr. Davies intended for Mark to receive both distinct gifts. They are meant to be added together, demonstrating the cumulative nature of the bequests rather than one replacing the other.

• Scenario: A testator, Ms. Chen, initially writes a will leaving her friend, Robert, "my antique grandfather clock." A few years later, she updates her will with a new section that reads, "In addition to previous gifts, I give Robert my shares in Tech Innovations Inc."

  Explanation: The shares in Tech Innovations Inc. constitute a cumulative legacy. Ms. Chen explicitly states "In addition to previous gifts," leaving no ambiguity that this new bequest is meant to be added to the grandfather clock, rather than replacing it. Robert will inherit both items.