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AromaticTroubledDormouse
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Simple English definitions for legal terms
identity of parties
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A quick definition of identity of parties:
Identity of Parties: When two parties are so closely related that a judgment against one of them prevents any further legal action against the other, it is called the identity of parties. This means that if one party is held responsible for something, the other party cannot be held responsible for the same thing later on.
Ademption: Ademption is a legal term used in wills and estates. It means that a gift or legacy left in a will may not be given to the intended recipient if the property or asset that was supposed to be given is no longer available at the time of the testator's death. There are two theories of ademption: the identity theory and the intent theory. Under the identity theory, if the specific property is not part of the estate at the time of the testator's death, the gift fails. Under the intent theory, the recipient may still receive a gift of equal value if it can be proven that the testator did not intend for the gift to be adeemed. Ademption can occur by extinction, where the property is no longer in existence, or by satisfaction, where the testator has already given the property to the beneficiary while alive.
A more thorough explanation:
Identity of parties refers to a relationship between two parties that is so close that a judgment against one party prevents any further legal action against the other party. This is because of res judicata, which means that the matter has already been decided and cannot be brought up again.
For example, if two people are involved in a car accident and one is found to be at fault, the other party cannot sue the same person again for the same accident.
Ademption is a legal term used in wills and estates. It refers to the destruction or extinction of a testamentary gift because the asset that was bequeathed is no longer part of the estate at the time of the testator's death. There are two theories of ademption:
- Identity theory of ademption: A specific devise of property will fail if that property is not part of the testator's estate upon their death.
- Intent theory of ademption: When a specific devise is no longer in the testator's estate at the time of their death, the devisee 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 child in their will, but they sell that property before they die, the child will not receive the property. However, if the testator had intended for the child to receive something of equal value, the child may still receive a gift.