Legal Terms Chapter 26 - Revocation, Lapse, and Ademption

Question 1

Adeemed

Answer 1

Taken away.

Question 2

Ademption

Answer 2

The discharge of a legal obligation by paying a party what it is due.

Question 3

Ademption by extinction

Answer 3

The testator removes a specific legacy during their lifetime so it is no longer part of the estate at time of death; assumes the testator no longer wanted to bequest that gift and no money from the estate would cover that loss to that specific legatee.

Question 4

Ademption by satisfaction

Answer 4

The person who was to receive a gift named in a will, receives a sum of cash during the testator’s lifetime in lieu of the legacy.

Question 5

Advancement

Answer 5

The testator’s disposing of or giving to a beneficiary, while alive, that which was provided in a will, so as to make it impossible to carry out the will; also called satisfaction.

Question 6

Antilapse statutes

Answer 6

Laws designed to minimize the effect of lapse.

Question 7

Codicil

Answer 7

An amendment to a will that must be executed with the same formalities as the will itself.

Question 8

Collateral descendants

Answer 8

Relatives not in a direct line, such as brothers, sisters, nieces, nephews, uncles, aunts, and cousins.

Question 9

Demonstrative legacy

Answer 9

A bequest of a certain sum of money with the direction that it be paid out of a particular fund (like stock shares).

Question 10

Execute

Answer 10

To complete, to make, to perform, or to do, such as sign a will. Also, the act of the state in committing capital punishment.

Question 11

Extinction

Answer 11

The act of extinguishing or putting to an end.

Question 12

General legacy

Answer 12

A gift of money out of the general assets of the estate; also called general pecuniary legacy.

Question 13

General pecuniary legacy

Answer 13

A gift of money out of the general assets of the estate; also called general legacy.

Question 14

Intestate

Answer 14

The description of a person who dies having made no will.

Question 15

Intestate succession

Answer 15

The act or process of an heir’s becoming beneficially entitled to the property of one who has died without a will.

Question 16

Issue

Answer 16

All people who have descended from a common ancestor.

Question 17

Lapsed devise

Answer 17

A gift of real property in a will that fails because the devisee predeceased the testator.

Question 18

Lapsed legacy

Answer 18

A gift of personal property in a will that fails because the legatee predeceased the testator.

Question 19

Lineal ascendants

Answer 19

People who are in a direct line of ascent from the decedent, such as parents, grandparents, and great-grandparents.

Question 20

Lineal descendants

Answer 20

People who are in a direct line of descent from the decedent, such as children, grandchildren, and great-grandchildren.

Question 21

Notwithstanding

Answer 21

In spite of.

Question 22

Pecuniary gift

Answer 22

A gift of money in a will.

Question 23

Predecease

Answer 23

To die before.

Question 24

Republishing a will

Answer 24

Reestablishing a will that has been formerly revoked or improperly executed.

Question 25

Residuary clause

Answer 25

The clause in a will that disperses all of the testator's property not otherwise distributed by the will.

Question 26

Revocable

Answer 26

Capable of being revoked.

Question 27

Revocation

Answer 27

The act of revoking.

Question 28

Revocation by operation of law

Answer 28

Something occurring automatically.

Question 29

Revoke

Answer 29

To cancel or rescind.

Question 30

Satisfaction

Answer 30

The testator's disposing of or giving to a beneficiary, while alive, that which was provided in a will, so as to make it impossible to carry out the will; also called advancement.

Question 31

Simultaneous deaths

Answer 31

The death of two or more people in such a way that it is impossible to determine who died before whom.

Question 32

Slayer statutes

Answer 32

Laws enacted by legislatures, stating that murderers cannot inherit from their victims.

Question 33

Specific legacy

Answer 33

A gift by will of a particular article of personal property.