Inter vivos transfer that satisfies a testamentary gift with contemporaneous signed writing — name the doctrine.

Inter vivos transfer that satisfies a testamentary gift with contemporaneous signed writing — name the doctrine.

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

Answer: (B)

Ademption by satisfaction explains how a lifetime gift can count toward a will’s bequest when the testator, with the intention that the inter vivos transfer satisfy the testamentary gift, provides a contemporaneous signed writing stating that now or for that purpose the lifetime transfer satisfies the bequest. When this happens, the value or property given during life reduces or eliminates the corresponding bequest in the will, reflecting the testator’s intent to satisfy the gift before death. In this scenario, the contemporaneous signed writing is key evidence that the lifetime transfer was intended to satisfy the will gift, not a separate transaction. If the writing confirms satisfaction, the bequest is considered fulfilled to the extent of the transfer’s value, and the will’s instruction to give that bequest is effectively carried out. The other terms don’t address this interaction between lifetime gifts and testamentary gifts. Testamentary capacity concerns whether the testator had the mental ability to make a will; Gifts to Children describes different gift situations entirely; Insane Delusion involves a testamentary instrument influenced by false beliefs.

Ademption by satisfaction explains how a lifetime gift can count toward a will’s bequest when the testator, with the intention that the inter vivos transfer satisfy the testamentary gift, provides a contemporaneous signed writing stating that now or for that purpose the lifetime transfer satisfies the bequest. When this happens, the value or property given during life reduces or eliminates the corresponding bequest in the will, reflecting the testator’s intent to satisfy the gift before death.

In this scenario, the contemporaneous signed writing is key evidence that the lifetime transfer was intended to satisfy the will gift, not a separate transaction. If the writing confirms satisfaction, the bequest is considered fulfilled to the extent of the transfer’s value, and the will’s instruction to give that bequest is effectively carried out.

The other terms don’t address this interaction between lifetime gifts and testamentary gifts. Testamentary capacity concerns whether the testator had the mental ability to make a will; Gifts to Children describes different gift situations entirely; Insane Delusion involves a testamentary instrument influenced by false beliefs.