Changes in the distribution of property

Question 1

Ademption by Extinction:

Answer 1

If specifically devised property (i.e., property that is specifically described in the will) is not in the testator’s
estate when the testator dies, the bequest adeems—that is, the gift fails.

In California, the testator’s intent is
critical in determining whether a gift adeems, and extrinsic evidence is admissible. Ademption is not favored
in California, and generally the beneficiary will recover replacement property if the original gift is no longer
in the estate.

Question 2

Abatement

Answer 2

Testamentary gift is reduced because the estate’s assets are not sufficient to satisfy all of the estate’s debts and staisfy all the bequests and devises.

Question 3

Ademption by Satisfaction:

Answer 3

An inter vivos gift in advance will be treated as a satisfaction of a testamentary gift if 1) instrument specifies deduction of the lifetime gift from the testamentary gift, or 2) T declares in a contemporaneous writing that transfer is to be deducted from the testamentary gift, or 3) transferee acknowledges so in writing

Question 4

Lapse Doctrine

Answer 4

If a beneficiary predeceases T, the gift lapses (into residue of estate)

Question 5

Anti-Lapse Statute

Answer 5

All states have antilapse statutes.

Under California law, if a beneficiary dies before the testator and was
“kindred of” (related by blood to) the testator within a certain degree of relationship and had issue who
survived the testator, the gift to the deceased beneficiary is saved from lapse and the beneficiary’s issue will
take in lieu of the deceased beneficiary.

In California, the antilapse statute applies if the gift is to the kindred
of the testator’s spouse or domestic partner, but it will not save a gift to a spouse