Florida Statutes

Fla. Stat. § 732.609 (2025)

Ademption by satisfaction.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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, 70 So. 3d 682 (Fla. 1st DCA 2011).

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Basile v. Aldrich, 70 So. 3d 682 (Fla. 1st DCA 2011). · cites it 2× “608 ("Construction of generic terms") and section 732.609 ("Ademption by satisfaction")).”

Shinn v. Schneider, 549 So. 2d 194 (Fla. 3d DCA 1989). · cites it 2× “The outcome here is controlled by section 732.609, Florida Statutes (1987) which provides: Ademption by satisfaction.”

Schneider v. Shinn, 636 So. 2d 110 (Fla. 3d DCA 1994). · cites it 2× “§ 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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