Law of Wills, 2016A

(d) In 2010, Douglas executed a will stating, “I leave my season tickets to Team A to my son, Larry.”
In 2012, Team A moved to another state.” In 2015, Douglas died. What, if anything, does Larry
take?
(e) In 2007, Alma executed a will leaving her airplane and her boat to her son, Matthew. In 2013,
Alma appointed her daughter, Denise, as her durable power of attorney. In 2014, because of
physical and mental health issues, Alma was forced to move in with Denise. Using her durable
power of attorney, Denise sold the airplane and the boat. She used the money from the sales to add
a room onto her house, so that Alma could have her own space. In 2016, Alma died. What, if
anything, does Matthew take?
Uniform Probate Code § 2-606. Nonademption of specific devises: Unpaid proceeds of sale,
Condemnation, or insurance; Sale by conservator or agent
(a) A specific devisee has a right to the specifically devised property in the testator's estate at death
and:
(1) any balance of the purchase price, together with any security agreement, owing from a
purchaser to the testator at death by reason of sale of the property;
(2) any amount of a condemnation award for the taking of the property unpaid at death;
(3) any proceeds unpaid at death on fire or casualty insurance on or other recovery for injury
to the property;
(4) property owned by the testator at death and acquired as a result of foreclosure, or
obtained in lieu of foreclosure, of the security interest for a specifically devised obligation;
(5) real or tangible personal property owned by the testator at death which the testator
acquired as a replacement for specifically devised real or tangible personal property; and
(6) if not covered by paragraphs (1) through (5), a pecuniary devise equal to the value as of
its date of disposition of other specifically devised property disposed of during the testator’s lifetime
but only to the extent it is established that ademption would be inconsistent with the testator’s
manifested plan of distribution or that at the time the will was made, the date of disposition or
otherwise, the testator did not intend that the devise adeem.
(b) If specifically devised property is sold or mortgaged by a conservator or by an agent acting within
the authority of a durable power of attorney for a principal who lacks capacity, or if a condemnation
award, insurance proceeds, or recovery for injury to the property are paid to a conservator or to an
agent acting within the authority of a durable power of attorney for a principal who lacks capacity,
the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount
of the unpaid loan, the condemnation award, the insurance proceeds, or the recovery.
(c) The right of a specific devisee under subsection (b) is reduced by any right the devisee has under
subsection (a).
15.4.2 Ademption by Satisfaction
The doctrine of ademption by satisfaction comes into play when the testator gives property
to a devisee after the will has been executed. This rule is similar to the doctrine of advancements
that may apply when an intestate decedent gives property to his or her child prior to death. This
doctrine only applies to general monetary gifts. If a specific devise is given to the beneficiary during
676