DEMONSTRATIVE DISPOSITION: (noun) / a transfer of property to be taken from a specified source

A demonstrative disposition, as used in estate law, is a testamentary disposition of property to be taken out of specified or identified property (New York Estates Powers & Trusts Law § 1-2.3).

Plain English translation: a gift that is to be made upon death (such as in a will or trust) that is payable from a specific source such as a specific fund or security.

For example, a gift through a last will worded as: “I hereby give $100,000.00 from my Vanguard Fund to my nephew” is a demonstrative disposition because it specifies the source from which the gift should be made—the Vanguard Fund. Whereas “I hereby give $100,000.00 to my nephew” is considered a general disposition because the source from which the gift should be made is not specified.

Compare: What is a “specific disposition” in New York estate law? What is a "general disposition" in New York estate law?

 

Daniel R. Antonelli
Representing trust & estate clients with an emphasis on estate litigation in the New York City Metro Area.