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(ademption by) Satisfaction

(ademption by) Satisfaction. Basic Idea. Beneficiary receives gift while testator is still alive so cannot get it “again.” A type of ademption. Corollary of advancement. Bigger problem with legacies than devises or bequests. Troublesome gift.

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(ademption by) Satisfaction

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  1. (ademption by) Satisfaction

  2. Basic Idea • Beneficiary receives gift while testator is still alive so cannot get it “again.” • A type of ademption. • Corollary of advancement. • Bigger problem with legacies than devises or bequests.

  3. Troublesome gift • “I leave $150,000 to Son. I leave the remainder of my estate to Daughter.” • Testator then gives $100,000 to Son to pay for his law school expenses.

  4. Proving SatisfactionPC § 37C; EC §§ 255.101 & 255.102 • Assume will executed on or after 9/1/2003.

  5. Proving SatisfactionPC § 37C; EC §§ 255.101 & 255.102 • 1. Express statement in will.

  6. Proving SatisfactionPC § 37C; EC §§ 255.101 & 255.102 • 2. Testator’s contemporaneous writing.

  7. Proving SatisfactionPC § 37C; EC §§ 255.101 & 255.102 • 3. Beneficiary’s written acknowledgement.

  8. Conveyance and Reacquistion • Facts = • Testator conveys to Beneficiary • Beneficiary conveys to X • X conveys to Testator • Issue = Does B receive gift? • Hunsucker – p. 143 • Probate Code & Estates Code

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