Was my bequeath of 50,000.00 satisfied since my Father gave me $50,000 before he died?

Full question:

If I was left $50,000 dollars in my Fathers Will but my siblings say that because my Father gave me $50,000.00 before he died that I am not entitled to another $50,000.00 as stated in his Will. The money he gave me was given after he made his Will. Can I get the money provided for in the Will? They say it was satisfied by the money he gave me. He lived in Florida.

• Category: Wills and Estates
• Subcategory: Ademption
• Date: 04/07/2025
• State: Florida

Answer:

Under the Florida Probate Code this is called ademption by satisfaction. This is where property that is left in a Will to a person is given to the person before the death and therefore the Will provision for the same property is not valid since it has been satisfied.

However, under the Florida law, satisfaction of a gift of property left in a Will only occurs if the testators' will provides for a deduction of a lifetime gift, the testator states in another writing that the gift is in satisfaction, or the person to receive the property acknowledges in writing that it was received in satisfaction of the bequeath or devise.

In this case there are no stated facts that support a satisfaction by ademption. If they exist they are not stated.

The relevant Florida law provides:

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.

Reference:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html