Section 2–609. [Ademption by Satisfaction.]
(a) Property a testator gave in the testator's lifetime to a person is treated as a satisfaction of a devise in whole or in part, only if (i) the will provides for deduction of the gift, (ii) the testator declared in a contemporaneous writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise, or (iii) the devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.
(b) For purposes of partial satisfaction, property given during lifetime shall be valued as expressed in the will or in the contemporaneous writing; if it is not so valued, such property shall be valued as of the time the devisee came into possession or enjoyment of the property or at the testator's death, whichever occurs first.
(c) If the devisee fails to survive the testator, the gift is treated as a full or partial satisfaction of the devise, as appropriate, in applying sections 2–603 and 2–604, unless the testator's contemporaneous writing provides otherwise.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Chapter 190b - Massachusetts Uniform Probate Code
Article II - Intestacy, Wills and Donative Transfers
Section 2-101 - Intestate Estate
Section 2-102 - Share of Spouse
Section 2-103 - Share of Heirs Other Than Surviving Spouse
Section 2-106 - Representation
Section 2-107 - Kindred of Half Blood
Section 2-108 - Afterborn Heirs
Section 2-110 - Debts to Decedent
Section 2-112 - Dower and Curtesy Abolished
Section 2-113 - Individuals Related to Decedent Through Two Lines
Section 2-114 - Parent and Child Relationship
Section 2-301 - Entitlement of Spouse; Premarital Will
Section 2-302 - Omitted Children
Section 2-401 - Applicable Law
Section 2-403 - Exempt Property
Section 2-404 - Discretionary Family Allowance
Section 2-405 - Source, Determination, and Documentation
Section 2-501 - Who May Make Will
Section 2-502 - Execution of Wills
Section 2-504 - Self-Proved Will
Section 2-505 - Who May Witness
Section 2-506 - Choice of Law as to Execution
Section 2-507 - Revocation by Writing or by Act
Section 2-508 - Revocation by Change of Circumstances
Section 2-509 - Revival of Revoked Will
Section 2-510 - Incorporation by Reference
Section 2-511 - Testamentary Additions to Trusts
Section 2-512 - Events of Independent Significance
Section 2-513 - Separate Writing Identifying Devise of Certain Types of Tangible Property
Section 2-514 - Contracts Concerning Succession
Section 2-515 - Deposit of Will With Court in Testator's Lifetime
Section 2-516 - Duty of Custodian of Will; Liability
Section 2-517 - Penalty Clause for Contest
Section 2-602 - Will May Pass All Property and After–acquired Property
Section 2-603 - Anti-Lapse; Deceased Devisee; Class Gifts
Section 2-604 - Failure of Testamentary Provision
Section 2-605 - Increase in Devised Securities; Accessions
Section 2-607 - Nonexoneration
Section 2-608 - Exercise of Power of Appointment
Section 2-609 - Ademption by Satisfaction
Section 2-702 - Requirement of Survival
Section 2-703 - Choice of Law as to Meaning and Effect of Donative Dispositions
Section 2-704 - Taxes on Qtips
Section 2-705 - Class Gifts Construed to Accord With Intestate Succession
Section 2-709 - Representation; per Capita at Each Generation; per Stirpes
Section 2-710 - Worthier Title Doctrine Abolished
Section 2-711 - Future Interests in ''heirs'' and Like
Section 2-801 - Disclaimer of Property Interests
Section 2-802 - Effect of Divorce, Annulment, and Decree of Separation
Section 2-901 - Statutory Rule Against Perpetuities
Section 2-902 - When Nonvested Property Interest or Power of Attorney Appointment Created
Section 2-904 - Exclusions From Statutory Rule Against Perpetuities