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Understanding Ademption: Basics, Issues, and Proving Satisfaction in Estate Planning

Ademption occurs when a beneficiary receives a gift during the testator's lifetime, rendering them unable to receive it "again." Learn about the nuances, corollaries, and methods to prove satisfaction in such cases. Explore conveyance and reacquisition scenarios under Probate Code § 37C.

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Understanding Ademption: Basics, Issues, and Proving Satisfaction in Estate Planning

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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 Satisfaction -- § 37C • Assume will executed on or after 9/1/2003.

  5. Proving Satisfaction -- § 37C • 1. Express statement in will.

  6. Proving Satisfaction -- § 37C • 2. Testator’s contemporaneous writing.

  7. Proving Satisfaction -- § 37C • 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 § 37C

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