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Ademption By Satisfaction

Unlike ademption by extinction where the beneficiary can be left with nothing, ademption by satisfaction simply means the beneficiary received the property intended during the testator's life. This if often the case and can be avoided by simply keeping the will updated and having a record of the property being distributed. Without a record of the property being transferred other beneficiaries could raise doubts about the legitimacy of the bequest, additionally, if ademption by satisfaction occurs and there is no record of the transfer the beneficiary could claim no transfer of property was made and possibly receive the gift twice, once before the testator's death and again afterwards. Estate planning should always include annual reviews to verify any property or gift transfers that need to be removed from the will. These should be recorded and stored with the will for proof of satisfaction.

Fast Facts

  • Ademption by satisfaction can take place in whole or in part. For example a $20,000 gift in a will can be partially adempted by satisfaction if the beneficiary received half during the testator's life.
  • State laws vary on ademption by satisfaction and base their decisions on the relationship of the beneficiary to the testator. If the relationship is parent/child or grandparent/grandchild most states will assume the gift during life was part of or in place of the testamentary gift.

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