Absolute Legacy Law and Legal Definition

Absolute legacy means a legacy intended to vest immediately without any conditions. Where an absolute legacy is given under promise, express or implied, of the legatee, that s/he will carry out the intentions of the testator, upon his/her failure to do so a trust may be proven by oral testimony against this absolute legacy and the intention of the testator enforced. A trust in an absolute legacy may be established by parol evidence, and the contemporaneous declarations of the testator, and the subsequent declarations of the legatee, that the bequest was made for the benefit of a third person upon the promise of the legatee to hold it in trust, are admissible for that purpose.