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 1. A specific gift adeems, that is, fails.  See Rogers v. Carter – p. 140.

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Presentation on theme: " 1. A specific gift adeems, that is, fails.  See Rogers v. Carter – p. 140."— Presentation transcript:

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3  1. A specific gift adeems, that is, fails.  See Rogers v. Carter – p. 140

4  2. Voluntary partition among c0-owners  Regarding part testator still owns, no ademption.

5  3. Pro tanto (“only to that extent”)  Regarding part testator still owns, no ademption.

6  1. Beneficiary receives equivalent value  No!

7  2. Executor purchases item for beneficiary  No!

8  3. Tracing  No! – See Shriner’s Hospital – p. 144  Unless, involuntary sale (e.g., by a guardian)  Note: some states allow tracing into insurance proceeds

9  4. Substantially equivalent gift  No!  Note: Some states allow beneficiary to receive a substantially equivalent gift if contained in testator’s estate.

10  Specific  Words of Identification  Words of Possession  General

11  1. Explain to client who makes specific gifts.  2. Ascertain client’s intent.  3. Document intent in will

12  I leave my 1974 AMC Gremlin to X.  If this car is not in my estate at the time of death,  [this gift adeems.]  [X may select one car from my estate.]  [X receives $25,000.]  [X gets my Sony computer.]


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