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Simple English definitions for legal terms

divide-and-pay-over rule

Read a random definition: BIS

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.

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Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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