Legal Definitions - legare

Legare is a Roman law term referring to the act of bequeathing one or more specific items. This bequest could be made either to a person who is not an heir, or to an heir prior to the general division of the estate among all heirs.

Legare is a term originating from Roman law that describes the act of specifically designating certain items from a deceased person's estate to be given to a particular individual or entity. This specific gift can be made to someone who is not a primary heir to the estate, or it can be a distinct gift made to one of the primary heirs before the general division of the remaining estate assets among all heirs.

• Example 1: Specific Gift to a Non-Heir

  Imagine an elderly woman, Mrs. Eleanor Vance, who has two adult children designated as her main heirs in her will. However, Mrs. Vance also has a cherished antique writing desk that she promised to her goddaughter, Sarah, many years ago. In her will, Mrs. Vance specifically states that the antique writing desk is to be given to Sarah upon her passing.

  This situation illustrates legare because Mrs. Vance is specifically bequeathing the writing desk to Sarah, who is not one of her primary heirs but a specific beneficiary of a particular item from the estate.

• Example 2: Specific Gift to an Heir Before General Division

  Consider Mr. Robert Sterling, who has three children who are his primary heirs. In his will, Mr. Sterling explicitly states that his valuable collection of vintage stamps should go to his eldest daughter, Lisa, who shares his passion for philately. The rest of his substantial estate, including his house, investments, and other possessions, is to be divided equally among all three children.

  Here, Mr. Sterling is engaging in legare by specifically assigning the stamp collection to Lisa, one of his heirs, as a distinct gift separate from the general division of the remaining estate assets among all his children.