Final answer:
The significance of providing for a beneficiary concerning an unattested fact relates to how assets are distributed when someone dies intestate. State intestacy laws dictate this process unless there is strong, legally acceptable evidence to justify an alternative distribution.
Step-by-step explanation:
The significance of providing for a beneficiary by reference to an unattested fact apart from the will is important in estate planning and inheritance law. When a person passes away without a valid will, they are considered to have died intestate, and their assets are distributed according to state intestacy laws. These laws determine the hierarchy of beneficiaries, such as the spouse, children, parents, and siblings, and their respective shares of the estate. By referencing an unattested fact outside the will—such as an informal understanding or an unrecorded promised gift—a potential beneficiary or the court may argue for a different distribution away from the default intestacy rules. However, such claims usually face legal challenges, as courts typically adhere to written and witnessed documentation when settling an estate.
An example of this could be seen in ancient legal codes like the one described in the given extraction, where if a mother receives property from her deceased husband and the sons do not contest, she has the right to bequeath the property to a son of her choice. Modern law, however, is more rigid and emphasizes legal documentation over unattested claims.