Which doctrine applies when a lifetime transfer is intended to satisfy a bequest with contemporaneous signed writing?

Which doctrine applies when a lifetime transfer is intended to satisfy a bequest with contemporaneous signed writing?

• A. Gifts to Children (WILLS)
• B. LAPSE (WILLS)
• C. UNDUE INFLUENCE (WILLS)
• D. ADEMPTION BY SATISFACTION (WILLS)

Answer: (D)

Ademption by satisfaction applies when a testator intends a lifetime transfer to fulfill a specific bequest and documents that intent with a contemporaneous signed writing. In this situation, the bequest is treated as satisfied to the extent of the value of the lifetime transfer, so the beneficiary does not receive that portion again under the will. The signed writing serves as proof that the lifetime gift was meant to satisfy the bequest, preventing double counting or ambiguity about the testator’s intent. If the lifetime gift equals or exceeds the bequest, the bequest is fully satisfied; if it’s less, the bequest is satisfied only to that amount, and the remainder of the estate passes according to the will’s other terms. This doctrine distinguishes a payment or transfer made during life from a posthumous entitlement under the will and ensures the transfer of wealth aligns with the testator’s expressed intent.

Ademption by satisfaction applies when a testator intends a lifetime transfer to fulfill a specific bequest and documents that intent with a contemporaneous signed writing. In this situation, the bequest is treated as satisfied to the extent of the value of the lifetime transfer, so the beneficiary does not receive that portion again under the will. The signed writing serves as proof that the lifetime gift was meant to satisfy the bequest, preventing double counting or ambiguity about the testator’s intent. If the lifetime gift equals or exceeds the bequest, the bequest is fully satisfied; if it’s less, the bequest is satisfied only to that amount, and the remainder of the estate passes according to the will’s other terms. This doctrine distinguishes a payment or transfer made during life from a posthumous entitlement under the will and ensures the transfer of wealth aligns with the testator’s expressed intent.