732.609
Ademption by satisfaction.
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732.609 Ademption by satisfaction.—Property that a testator gave to a person in the testator’s lifetime is treated as a satisfaction of a devise to that person, in whole or in part, only if the will provides for deduction of the lifetime gift, the testator declares in a contemporaneous writing that the gift is to be deducted from the devise or is in satisfaction of the devise, or the devisee acknowledges in writing that the gift is in satisfaction. For purposes of part satisfaction, property given during the testator’s lifetime is valued at the time the devisee came into possession or enjoyment of the property or at the time of the death of the testator, whichever occurs first.
History.—s. 1, ch. 74-106; s. 38, ch. 75-220.
Notes of Decisions
Cited in 3
cases, 1989–2011 · leading case: Basile v. Aldrich
Basile v. Aldrich (2011)
“608 ("Construction of generic terms") and section 732.609 ("Ademption by satisfaction")).”
Shinn v. Schneider (1989)
“The outcome here is controlled by section 732.609, Florida Statutes (1987) which provides: Ademption by satisfaction.”
Schneider v. Shinn (1994)
“§ 732.609, Fla. Stat. (1987). The final order appealed from is affirmed on the main appeal, but reversed on the cross appeal, and the cause is remanded to the trial court with directions (1) to set a fair market value of the subject property at 0,000 at the time of the…”
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