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LSDefine

Simple English definitions for legal terms

extinguishment of legacy

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A quick definition of extinguishment of legacy:

Extinguishment of legacy is when a gift that was supposed to be given to someone in a will cannot be given anymore because the thing that was supposed to be given is not there anymore or the person who was supposed to get it already received something else instead. There are two ways this can happen: either the thing that was supposed to be given doesn't exist anymore, or the person who was supposed to get it already got something else instead.

A more thorough explanation:

Extinguishment of legacy is also known as ademption. It refers to the situation where a gift made in a will cannot be given to the beneficiary because it no longer exists or is no longer part of the estate at the time of the testator's death. There are two theories of ademption: the identity theory and the intent theory.

The identity theory of ademption means that if a specific piece of property is not part of the testator's estate upon their death, then the gift will fail. For example, if a testator leaves a specific painting to their niece, but the painting is sold before the testator's death, then the niece will not receive the painting.

The intent theory of ademption means that if a specific devise is no longer in the testator's estate at the time of their death, the beneficiary will receive a gift of equal value if it can be proved that the testator did not intend the gift to be adeemed. For example, if a testator leaves a specific piece of property to their niece, but they sell the property and use the proceeds to buy a different property, the niece may still receive a gift of equal value if it can be shown that the testator intended for them to receive something of equal value.

There are two types of ademption: ademption by extinction and ademption by satisfaction. Ademption by extinction occurs when the unique property that is the subject of a specific bequest has been sold, given away, or destroyed, or is not otherwise in existence at the time of the testator's death. Ademption by satisfaction occurs when the testator, while alive, has already given property to the beneficiary in lieu of the testamentary gift.

For example, if a testator leaves a specific car to their nephew, but the car is destroyed in an accident before the testator's death, then the nephew will not receive the car. This is an example of ademption by extinction. On the other hand, if a testator leaves a specific car to their nephew, but they give the nephew a different car while they are still alive, then the nephew may not receive the specific car mentioned in the will. This is an example of ademption by satisfaction.

extinguishment of copyhold | extinguishment of lien

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2016 pushed the conservative party into populism irreversibly
Dkk
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Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
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got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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