Ademption

Question 1

Ademption by satisfaction

Answer 1

applies if the devisee received a gift during the testator’s lifetime and the testator intended the gift to satisfy devises to that individual in whole or in part

§ 732.609

Applies when decedent died testate

Question 2

Ademption by extinction

Answer 2

applies specifically to devised property that is not part of the testator’s probate estate

Question 3

Intent theory

Answer 3

the law in Florida

To determine what will happen if the testator did not own property devised in the will at the time of his death the court looks to the reason the property is not part of the estate

Question 4

If the testator did not own property devised in the will at the time of his death, what happens to that devise?

Answer 4

Three possibilities:

1. The devisee is entitled to the property devised, and the personal representative must acquire the property for this purpose
2. The devisee is entitled to receive some other property
3. The devisee is not entitled to receive anything

Question 5

Identity theory

Answer 5

To determine what will happen if the testator did not own property devised in the will at the time of his death the court looks to the type of devise

Question 6

What type of devises does ademption by extinction affect?

Answer 6

Only specific devises

Question 7

How can a testator avoid the result of an ademption by extinction?

Answer 7

By providing an alternative devise in the event the specifically devised asset is not part of the probate estate.

Question 8

What are the two primary factors you must look for to determine the testator’s intent in issues of ademption?

Answer 8

1. Look why its not there

2. Look if you can trace the proceeds somewhere

Question 9

Ademption by satisfaction must meet one of three requirements:

Answer 9

1. The testator’s will can provide that the lifetime gift reduces the devise
2. The testator can use a different document to provide that the gift reduces or satisfies the devise. That document must be contemporaneous with the gift
3. The devisee can acknowledge in writing that the gift is in satisfaction of the devise