Why Is Sui Juuris?
Grandpa told Sally he was going to leave her $40,000 for college in his will. Now Grandpa has passed away, and the executor tells Sally she doesn’t get the $40,000 that she was expecting. What happened? Chances are that Sally’s $40,000 bequest was attacked, not by the killer bees, but by the killer “A”s: age, ademption, abatement, and advancement. Age may be a barrier to taking the principal of a bequest if the beneficiary is not sui juris. “Sui juris” is a Latin phrase used not for show but for clarity of legal meaning. Sui juris means “in their own right,” and it refers to beneficiaries who enjoy full rights under the law and do not share them with a guardian. Beneficiaries who have not attained the age of majority (age 18 in Pennsylvania)
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His total estate was $100,000, but he and his estate owed debts and taxes amounting to $80,000. Before the executor pays the debts and taxes, it looks as if Sally gets $40,000, and George gets the $60,000 residue. The executor first uses the residue to pay the debts and taxes. The entire $60,000 that would have gone to George is taken for these payments; the entire bequest of the residue to George is abated. Then, there is still $20,000 worth of debts and taxes due. This comes out of Sally’s $40,000 bequest. Her bequest is abated to the extent of $20,000, and she still receives the remaining $20,000. Advancements are like an advance on your salary. If a parent has given $10,000 to one child and not to others, the $10,000 is assumed to be an “advance” on the child’s intestate share of the estate only if it is declared to be an advance, in writing. Where there is a will, a similar analysis applies. If Grandpa leaves a $40,000 bequest to Sally and, before he dies he gives her $30,000 for college tuition, she may only receive $10,000 under the will. The $30,000 is treated as an advance if it can be shown that this was Grandpa’s intention. The bequest is said to be partially satisfied by the lifetime
His total estate was $100,000, but he and his estate owed debts and taxes amounting to $80,000. Before the executor pays the debts and taxes, it looks as if Sally gets $40,000, and George gets the $60,000 residue. The executor first uses the residue to pay the debts and taxes. The entire $60,000 that would have gone to George is taken for these payments; the entire bequest of the residue to George is abated. Then, there is still $20,000 worth of debts and taxes due. This comes out of Sally’s $40,000 bequest. Her bequest is abated to the extent of $20,000, and she still receives the remaining $20,000. Advancements are like an advance on your salary. If a parent has given $10,000 to one child and not to others, the $10,000 is assumed to be an “advance” on the child’s intestate share of the estate only if it is declared to be an advance, in writing. Where there is a will, a similar analysis applies. If Grandpa leaves a $40,000 bequest to Sally and, before he dies he gives her $30,000 for college tuition, she may only receive $10,000 under the will. The $30,000 is treated as an advance if it can be shown that this was Grandpa’s intention. The bequest is said to be partially satisfied by the lifetime