Ademption - Extinction, Satisfaction
property—a law property
The failure of a gift of personal property—a bequest—or of real property—a devise—to be distributed according to the provisions of a decedent's will because the property no longer belongs to the testator at the time of his or her death or because the property has been substantially changed.
There are two types of ademption: by extinction and by satisfaction.
FURTHER READINGS
Lundwall, Mary Kay. 1993. "The Case against the Ademption by Extinction Rule: A Proposal for Reform." Gonzaga Law Review 29 (fall) 105–32.
Volkmer, Ronald R. 2000. "Doctrine of Ademption in the Law of Wills." Estate Planning 27 (March-April): 136–37.
Additional Topics
Since the testator no longer owns the diamond watch when she dies, that specific bequest is also adeemed by extinction. …
Ademption by satisfaction takes place when the testator, during his or her lifetime, gives to his or her heir all or a part of the gift he or she had intended to give by his or her will. It applies to both specific bequests and devises as well as to a general bequest or legacy payable from the general assets of the testator's estate. If the subject of the gift made while the testator is ali…
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