Ademption by satisfaction is a legal principle that applies when a testator leaves a specific gift in their will, but later gives that same gift to the intended beneficiary during their lifetime. In such cases, the gift in the will is considered “adeemed” or revoked, and the beneficiary is not entitled to receive it again upon the testator’s death. This principle is based on the idea that the testator’s intention to provide for the beneficiary has already been fulfiled through the lifetime gift. Ademption by satisfaction can be a complex area of law, as it requires careful analysis of the testator’s intent and the circumstances surrounding the lifetime gift.
Ademption by satisfaction is a legal principle that applies when a testator makes a gift in their will but later provides an advancement or satisfaction of that gift during their lifetime.
Ademption by satisfaction occurs when the testator gives a gift to a beneficiary during their lifetime that is intended to replace or fulfil a specific gift mentioned in their will.
The purpose of ademption by satisfaction is to ensure that the testator’s intentions are carried out, even if they have already provided for a specific gift during their lifetime.
Ademption by satisfaction typically applies to specific gifts, such as real estate, personal property, or cash, rather than general gifts or bequests.
To demonstrate ademption by satisfaction, the testator must clearly express their intention to replace or fulfil a specific gift mentioned in their will through a subsequent gift during their lifetime.
If the testator does not clearly express their intention for ademption by satisfaction, the general rule of ademption applies, which means that the specific gift mentioned in the will is revoked or fails.
Yes, ademption by satisfaction can be challenged if there is evidence that the testator did not have the intention to replace or fulfil the specific gift mentioned in their will through the subsequent gift.
When determining ademption by satisfaction, the court will consider the testator’s intent, the nature of the subsequent gift, and the relationship between the testator and the beneficiary.
Ademption by satisfaction can be revoked or modified if the testator clearly expresses a change in their intention or if there are circumstances that invalidate the subsequent gift.
To ensure that ademption by satisfaction is properly applied in your will, it is advisable to consult with an experienced estate planning attorney who can guide you through the process and help you clearly express your intentions.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 12th April 2024.
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