Ademption by satisfaction

Sections Contest Property disposition Common types Other types Governing doctrines Ademption by satisfaction, also known as satisfaction of legacies, is a common law doctrine that determines the disposition of property under a will when the testator has made lifetime gifts to beneficiaries named in the will.

[1] If the probate court determines that the testator intended the lifetime gift to satisfy a bequest under the will, the amount of the lifetime gift is deducted from the amount that the beneficiary would have received under the will.

[3][2][4] Courts may presume that gifts of money from a parent to a child after the execution of the parent's will are gifts in satisfaction of the child's legacy under the will, even without a written indication of intent to satisfy the provision under the will.

[2] Courts are reluctant to apply the doctrine to certain kinds of legacies, for example, devises of specific real estate or bequests of personal property.

These specific legacies are viewed by courts as unique and not able to be replaced with a lifetime gift of money or other property.