Under these circumstances, both the doctrine of ademption by satisfaction and advancement should apply to pare down both the bequest and (if necessary, as in our hypothetical) A's further share under the intestacy statute.
Under the text of the Code, the doctrine of ademption by satisfaction will apply on the basis of the provision of the will, even if no writing contemporaneous with a subsequent gift reiterates the intent to equalize.
In most jurisdictions, the rules of lapse and ademption
take effect unless overridden by contingency clauses in the will itself.
59) In the event that there is insufficient or absent property in an estate to fill a specific bequest, the theory of ademption
directs a court to assign the legatee either nothing if the donative intent was satisfied through prior transfer or the nearest equivalent if the donative intent was not satisfied.
2000),is a District of Columbia case where the court determined that a rollover of qualified plan assets into an IRA by the decedent prior to death did not constitute ademption
under the probate code.
1993) (applying the doctrine of ademption
to a revocable trust).
On this challenge Dvorak is the more productive layout, yielding 19 ten-letter words: PROFILGATE, PROCLAIMED, OUTLEADING, MODULATIVE, MENDACIOUS, IMPORTABLE, HYPERFOCAL, HYDROSPACE, FUMATORIES, DISCOURAGE, DECAGYNOUS, DEACONSHIP, COMPLAINED, BECLOAKING, AUTHORIZED, AUTHORISED, APHRODITES, AMBROTYPES, and ADEMPTIONS.