(295.) The "identity theory" of ademption by extinction, which California follows, provides that the recipient of a specific bequest (such as an heirloom) takes nothing if the testator turns out not to own that piece of property when she dies.
(306.) The Lapse/Ademption variable is a dummy variable equal to 1 if lapse or ademption issues were raised in the probate case and o otherwise.
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.
In most jurisdictions, the rules of lapse and ademption
take effect unless overridden by contingency clauses in the will itself.
(58) Generally courts have only addressed this issue when conflicts arise between present gifts and wills through the theory of "ademption
." (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