Satisfaction of legacies

Satisfaction of legacies

Satisfaction of legacies is a common law doctrine that affects the disposition of property under a will. Under the doctrine, any gift that the maker of the will (the "testator") gives during his lifetime to a named beneficiary of the will is presumptively treated as a satisfaction of that beneficiary's inheritance. After the death of the testator, the amount of the gift would then be deducted from the amount that the beneficiary would otherwise have received, even if it operates to entirely cancel out the inheritance. The presumption applies only when the gift is made after the will has already been executed.

Many jurisdictions have repealed the satisfaction of legacies doctrine by statute. Even in those jurisdictions, however, a gift may still be treated as a satisfaction of legacy if such an intention is expressed in a written document made close to the time of the gift and signed by either the testator or the beneficiary.

A similar common law doctrine operates regarding inheritance by intestacy (i.e., without a will); such a gift is then called an "advancement."


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