15-2-612. ADEMPTION BY SATISFACTION. Property which a testator gave in his lifetime to a person 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, or 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 purpose of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or as of the time of death of the testator, whichever occurs first.
History:
[I.C., sec. 15-2-612, as added by 1971, ch. 111, sec. 1, p. 233.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 2 - INTESTATE SUCCESSION — WILLS
Part 6 - RULES OF CONSTRUCTION
Section 15-2-601 - REQUIREMENT THAT DEVISEE SURVIVE TESTATOR BY 120 HOURS.
Section 15-2-602 - CHOICE OF LAW AS TO MEANING AND EFFECT OF WILLS.
Section 15-2-603 - RULES OF CONSTRUCTION AND INTENTION.
Section 15-2-604 - CONSTRUCTION THAT WILL PASSES ALL PROPERTY — AFTER-ACQUIRED PROPERTY.
Section 15-2-605 - ANTI-LAPSE — DECEASED DEVISEE — CLASS GIFTS.
Section 15-2-606 - FAILURE OF TESTAMENTARY PROVISION.
Section 15-2-607 - CHANGE IN SECURITIES — ACCESSIONS — NONADEMPTION.
Section 15-2-609 - NONEXONERATION.
Section 15-2-610 - EXERCISE OF POWER OF APPOINTMENT.
Section 15-2-612 - ADEMPTION BY SATISFACTION.
Section 15-2-613 - SIMULTANEOUS DEATH — DISPOSITION OF PROPERTY.