independent advice

independent advice
As a statutory condition precedent to the validity of a legacy or devise to a person in a fiduciary or confidential relationship toward the testator:–advice given to the testator by one with whom the testator had a full and private conference respecting such legacy or devise before the preparation and execution of the will, who was not only competent to inform him correctly as to its legal effect, but who was, furthermore, so disassociated with the interests of the legatee or devisee as to be in a position to advise with the testator impartially and confidentially as to the consequences to himself of his proposed benefaction. Post v Hagan, 71 NJ Eq 234, 65 A 1026.

Ballentine's law dictionary. . 1998.

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