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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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RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
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