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LSDefine

Simple English definitions for legal terms

extinguishment of legacy

Read a random definition: entrusting

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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Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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