(ademption by) Satisfaction

Basic Idea Beneficiary receives gift while testator is still alive so cannot get it “again.” A type of ademption. Corollary of advancement. Bigger problem with legacies than devises or bequests.

Troublesome gift “I leave $150,000 to Son. I leave the remainder of my estate to Daughter.” Testator then gives $100,000 to Son to pay for his law school expenses.

Proving Satisfaction EC §§ 255.101 & 255.102 If will executed before 9/1/2003: Any admissible evidence

Proving Satisfaction EC §§ 255.101 & 255.102 If will executed on or after 9/1/2003: Express statement in will. Testator’s contemporaneous writing. Beneficiary’s written acknowledgement.

Conveyance and Reacquistion Facts = Testator conveys to Beneficiary Beneficiary conveys to X X conveys to Testator Issue = Does B receive gift? Hunsucker – p. 139 – no Estates Code Question on next slide

Conveyance and Reacquistion Under the Estates Code, which one of the following is most likely? Beneficiary would not receive the gift; Beneficiary already received it (result in Hunsucker case). Beneficiary would receive the gift if the will is silent about satisfaction. Beneficiary would receive the gift only if the will had an anti-satisfaction clause. Beneficiary would receive the gift unless the will, Testator’s contemporaneous writing, or Beneficiary's written acknowledgment provided that the gift was satisfied.