Ademption by Satisfaction

Ademption by satisfaction occurs when a testator gives a gift to a beneficiary during their lifetime, which is intended to count against what the beneficiary would receive in the will. For this to happen, there must be a written record indicating that the gift is meant to satisfy the devise, or the beneficiary must acknowledge it in writing.

A testator gives their child a car worth $10,000 as a gift and later includes a provision in their will stating that the child will receive a $20,000 cash inheritance. If there is no written acknowledgment or provision stating that the car gift satisfies the cash inheritance, the child will still receive the full $20,000 cash, as the car does not count against it.

A gift during life needs a note to count against your will!

Exams often present scenarios where a gift is made without clear documentation, leading students to mistakenly assume it satisfies the will's provisions. Students may overlook the requirement for a contemporaneous writing or acknowledgment.

Questions typically involve a fact pattern where a lifetime gift is given, and students must determine if it satisfies a devise in the will based on the presence or absence of written evidence.