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LSDefine

Simple English definitions for legal terms

beneficiary

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A quick definition of beneficiary:

A beneficiary is someone who receives benefits from a contract, will, or trust. For example, if someone passes away and leaves money to their child in their will, the child is the beneficiary. In a contract, a beneficiary is someone who is not a part of the contract but can still receive benefits from it. For instance, if a mother buys medical insurance for her son, the son is the beneficiary. Beneficiaries have certain rights, such as the right to receive information about the estate or trust, and the right to take legal action if they believe the trustee or executor is not acting properly.

A more thorough explanation:

A beneficiary is a person or entity that receives benefits from a transaction through a contract, will, or trust.

In a will or trust, a beneficiary is someone who is named to receive property or assets from the testator or grantor. This can include real estate, personal property, financial assets, and more. Beneficiaries can be individuals, corporations, or charities. However, the same person cannot be the sole trustee and sole beneficiary.

The definite-beneficiary rule of express trust requires that the identity of the beneficiary be ascertainable. But there are exceptions created by the Uniform Trust Code. Trusts for general but non-charitable purposes and trusts for a specific non-charitable purpose may be enforced without ascertainable beneficiaries. The rule against perpetuities is applied to these trusts. Thus, they cannot be enforced beyond 21 years. A charitable trust without a beneficiary or specific purpose will fail unless the court selects a beneficiary or purpose consistent with the grantor’s intent.

Beneficiaries of a will have rights over their share of the distributed inheritance. Before distribution, they have a right to receive estate information from the executor. If they believe that the executor is not transparent or has mismanaged the estate, beneficiaries can request to review the estates or even sue the executor. Trust beneficiaries also have the right to request a special accounting from trustees or take legal actions in probate court if they think the trustees misbehaved in their fiduciary role.

In contract law, a third-party beneficiary is a person who is not a party to the contract but can receive benefits from the performance of the contract. The privity of the contract is between the contracting parties - promisor and promisee. A promisor is a party that makes promises to benefit the third-party beneficiary. A promisee is a party who pays consideration to obtain the promisor’s promise.

An intended beneficiary is an identified third-party that contracting parties intending to give them benefits via their promised performances, like doing or not doing something or paying money. The beneficiary may be named in a contract to have contractual rights, but it is not necessary for them to be identifiable at the time the contract is formed. Meanwhile, even if the promise is not made to them directly, they may still enforce the contract.

A donee is a person the promisee intends to benefit without asking for any payback. Once the donee knows the contract, the right is vested. If any contracting party breaches the promise, the creditor can only sue the promisor unless the donee has detrimental reliance on it.

A creditor is a person whom a debt is owed by the promisee and paid by the promisor. The creation of it is to extinguish debt. Once the creditor has detrimental reliance on it, the right is vested. If any contracting party breaches the promise, the creditor can sue both the promisor and promisee. The contracting parties can defend the creditor by asserting claims they have against the other contracting party.

If a beneficiary does not belong to the above categories, they are an incidental beneficiary. An incidental beneficiary is a person whom contracting parties did not intend to benefit when they contracted but happened to get benefits. Since an incidental beneficiary is not named in the contract and not intentionally included, they have no rights under the contract and cannot sue for breach.

The contractual rights cannot be enforced by the third-party beneficiary until the rights are vested. Vesting occurs when the beneficiary has knowledge of the promise and manifests assent to a promise in the manner requested by the contract or contracting parties, or sues to enforce the promise, or detrimentally relies on the promise, or express contract term vesting rights. Prior to vesting, contracting parties can rescind or modify the beneficiary’s contractual rights without the beneficiary's consent or knowledge. Once rights vest, the contract cannot be changed or modified unless the third-party consents.

Even though there is no contract privity among the third-party beneficiary and contracting parties, the beneficiary may still have the right to sue them to enforce the contract or seek damages for breach. Generally, the beneficiary can only sue the promisor to enforce the performance or duty created by the promise in the contract. The promisor can defend as they defend against the promisee. The beneficiary cannot sue the promisee unless they detrimentally rely on the promise.

Example 1: John creates a trust and names his daughter, Sarah, as the beneficiary. When John passes away, Sarah receives the assets in the trust.

Example 2: A mother purchases medical insurance for her son from an insurance company. The mother is the promisee, the son is the third-party beneficiary, and the insurance company is the promisor. If the insurance company fails to provide the promised coverage, the son can sue the insurance company for breach of contract.

Example 3: A construction company enters into a contract with a homeowner to build a new house. The homeowner's friend, who is not a party to the contract, will receive the old house as a gift once the new house is built. The friend is an intended third-party beneficiary and can enforce the contract if the construction company fails to build the new house.

These examples illustrate how beneficiaries can receive benefits from a transaction through a contract, will, or trust. They also show how third-party beneficiaries can enforce contracts if they are intended beneficiaries and their rights are vested.

beneficial use | beneficiary deed

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NosyBeagle
19:28
Do tell
i had to drop out of a grad program but i explained it in my gpa addendum bc it was the same underlying event causing both
i was also named in a civil lawsuit that got dismissed but only one school asked about it
sorry probably not helpful
ParallelAgreeableOrangutan
19:58
idk what the situations are, but you absolutely should write about them if the school asks about them—the only time you should be asking *whether* to write one is when you're not sure whether your situation qualifies as what they're asking about
ParallelAgreeableOrangutan
19:59
better question is usually *how* to write about them
ParallelAgreeableOrangutan
20:00
I had to write about write
ParallelAgreeableOrangutan
20:01
... write-ups at work (petty, and they were removed from my file after a year, but even so the app asked so I wrote)
NosyBeagle
20:05
Ah it cancelled out my msg cus I switched tabs. But I’ll just tell you guys cus I get mixed answers: a) accused of cheating on a calc exam freshman year but was cleared of wrongdoing, b) sent to the hospital senior year because I go too drunk
ParallelAgreeableOrangutan
20:12
Seems like you'd need to write about A because it went through a formal process, but it shouldn't hurt you if you explain it straightforwardly and explain you were cleared (just don't be weirdly salty about it like you're holding a grudge)
ParallelAgreeableOrangutan
20:12
Re B, did this involve school in any way? Is there an app that has a C&F question that you think this applies to?
ParallelAgreeableOrangutan
20:13
Maybe you're not deep enough into the process to know this—each school has its own unique set of C&F questions, so you should disclose exactly what they ask about, no more, no less
NosyBeagle
20:14
OH
NosyBeagle
20:14
Ok why did I think it was just gonna be one type of q for all. My bad folks. Ignore my info dump
ParallelAgreeableOrangutan
20:16
No worries! Frankly I think it's wild that applications have weird hidden quirks that you don't know about until you're actually logged into LSAC working through the app. There's some info you can find about the oddball/unique questions you'll find on specific apps, so you might want to look for that for schools you're going to apply to
ParallelAgreeableOrangutan
20:17
Like on various consultants' blogs, reddit, etc
NosyBeagle
20:17
🫡 thank you good sir or ma’am or bam
ParallelAgreeableOrangutan
20:17
Ooh can I be a bam
NosyBeagle
20:39
You may
20:45
ima write my personal statement about being fired and how that made me want to do law but it would be funny if I also had to write an addendum about it
20:45
turns out defense companies don’t like it when you question the war machine 🙏
20:46
“What are your opinions on Edward Snowden” - my boss
ParallelAgreeableOrangutan
21:02
I wrote optional essays about a situation that affected my undergrad performance. For any school that required an "education gap addendum" I was basically like "pls see my optional essay"
ParallelAgreeableOrangutan
21:02
¯⁠\⁠_⁠(⁠ツ⁠)⁠_⁠/⁠¯
NosyBeagle
21:12
did they accept that?
NosyBeagle
21:12
that reminds me of filling out job apps and they want you to type out your resume in a text box. like huh??? open the pdf, idiots
ParallelAgreeableOrangutan
21:18
I mean I was nicer about it—I'd put a couple of sentences explaining it super lo-res, and then I said something like "I speak to this situation in detail in my optional essay."
ParallelAgreeableOrangutan
21:20
They don't send your application back to you and tell you to redo an addendum if they don't like it, so the only way to know whether they "accepted" it, as it were, is admissions results
Bettercaulsaul
22:28
Helpful video I found https://youtu.be/2ZVrX6DTSKU?si=KsZeWbF4_fJuqKl5
23:17
who up lsdin they law
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