Legal Definitions - ademption by satisfaction

Ademption by satisfaction occurs when a person gives a gift to someone during their lifetime, and this gift is intended to fulfill or "satisfy" a specific bequest (a gift) that was previously outlined for that person in the donor'swill. This means the beneficiary receives less, or nothing at all, from the will because they've already received the intended inheritance while the donor was alive. The core principle is the donor's intent: did they mean for the lifetime gift to replace the will's provision?

In some legal systems, especially for gifts to immediate family members, there might be a legal presumption that a lifetime gift is meant to satisfy a will's bequest. However, in other jurisdictions, this presumption might not apply, requiring clear evidence that the donor *expressly intended* the lifetime gift to replace the inheritance.

Here are some examples illustrating ademption by satisfaction:

• Example 1: Specific Asset Gifted Early

  Eleanor's will states that her beloved vintage grand piano should go to her granddaughter, Clara. A few years before Eleanor passes away, she decides to give the piano to Clara as a special graduation gift, telling her, "I want you to enjoy this now, rather than waiting for my will." When Eleanor dies, Clara will not receive the piano through the will because she already received it during Eleanor's lifetime, satisfying that specific bequest.

• Example 2: Financial Assistance as an Advance on Inheritance

  Robert's will includes a provision leaving $75,000 to his son, David. Later, David faces unexpected medical expenses, and Robert provides him with a check for $40,000, accompanied by a signed letter stating, "This $40,000 is an advance on the inheritance I've set aside for you in my will, to help you through this difficult time." Upon Robert's death, David would likely receive only $35,000 from the will, as the earlier $40,000 payment satisfied part of his intended inheritance.

• Example 3: General Monetary Gift with Clear Intent

  Maria's will specifies that her niece, Sofia, is to receive $25,000. During a conversation about Sofia's plans to start a business, Maria gives Sofia a check for $25,000, explaining, "I want to help you get started now. Consider this the money I had planned for you in my will, so you can put it to good use immediately." If Maria's intent is clearly documented or evidenced, Sofia would not receive an additional $25,000 from Maria's estate after her passing because the lifetime gift satisfied the will's bequest.