Ademption by Satisfaction Law and Legal Definition

Ademption is the failure of bequest of property in a will. Ademption by satisfaction takes place when the testator, during his or her lifetime, gives to his or her heir all or a part of the gift he or she had intended to give by his or her will. In short, it provides for the situation in which a testator decides to change the timing of a gift in order to permit the beneficiary to enjoy the benefits of the gift before the testator’s death. If the subject of the gift made while the testator is alive is the same as the subject of a provision of the will, many states presume that it is in place of the testamentary gift if there is a parent-child or grandparent-grandchild relationship. However in other cases, an ademption by satisfaction will not be found unless it is supported by independent evidence, such as express statements or writings, which shows that the testator intended this to occur.