Inter vivos transfer evidence scenario: contemporaneous signed writing to adeem.

Inter vivos transfer evidence scenario: contemporaneous signed writing to adeem.

• A. ADEMPTION BY SATISFACTION (WILLS)
• B. ADEMPTION BY EXTINCTION (WILLS)
• C. INSANE DELUSION (WILLS)
• D. TESTAMENTARY CAPACITY (WILLS)

Answer: (A)

Ademption by satisfaction is when a testator, during lifetime, gives something to the devisee and shows an intent that this lifetime transfer satisfies a specific bequest in the will. A contemporaneous signed writing naming the transfer as satisfaction provides the evidence of that intent. In this scenario, a lifetime transfer to Adeem paired with a contemporaneous signed writing stating it is in satisfaction of the devise means the bequest is considered fulfilled during life, so no property is due at death under that bequest. The other options don’t fit because they address different issues: ademption by extinction would apply if the bequest failed because the property was disposed of before death without the satisfaction evidence; insane delusion and testamentary capacity relate to the testator’s mental state and ability to make the will, not to whether a lifetime transfer satisfies a bequest.

Ademption by satisfaction is when a testator, during lifetime, gives something to the devisee and shows an intent that this lifetime transfer satisfies a specific bequest in the will. A contemporaneous signed writing naming the transfer as satisfaction provides the evidence of that intent. In this scenario, a lifetime transfer to Adeem paired with a contemporaneous signed writing stating it is in satisfaction of the devise means the bequest is considered fulfilled during life, so no property is due at death under that bequest.

The other options don’t fit because they address different issues: ademption by extinction would apply if the bequest failed because the property was disposed of before death without the satisfaction evidence; insane delusion and testamentary capacity relate to the testator’s mental state and ability to make the will, not to whether a lifetime transfer satisfies a bequest.