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Simple English definitions for legal terms
divide-and-pay-over rule
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A quick definition of divide-and-pay-over rule:
The divide-and-pay-over rule is a principle in wills and estates that says if a person's will only says that money should be paid at a certain time after they die, then that money is not immediately available to the person who is supposed to receive it. Instead, it is considered a future possibility that may or may not happen. This means that the person who is supposed to receive the money cannot count on it as if they already have it.
A more thorough explanation:
The divide-and-pay-over rule is a principle in wills and estates law. It states that if a testamentary disposition only includes instructions for payment to be made at a future time after the testator's death, then time is of the essence. This means that the interest is considered future and contingent, rather than vested and immediate.
For example, if a testator's will states that their estate should be divided equally among their three children, but only after the youngest child turns 21 years old, then the divide-and-pay-over rule applies. The children's interest in the estate is considered future and contingent until the youngest child reaches the age of 21, at which point the estate can be divided and paid out.
Another example could be a will that directs the executor to pay out a certain amount of money to a charity, but only after a specific event occurs, such as the sale of a property. Until that event happens, the charity's interest in the estate is considered future and contingent.
These examples illustrate how the divide-and-pay-over rule applies when a testamentary disposition includes instructions for payment to be made at a future time. It ensures that beneficiaries do not receive immediate access to their inheritance until certain conditions are met, and that the executor of the estate follows the testator's wishes regarding the timing of payments.