United States — Maine Act or statute

United States — Maine legislation

Maine Revised Statutes, Title 18-C, § 2-609: Ademption by satisfaction, 2017

A lifetime gift may count as satisfaction of a devise only if the will, a contemporaneous writing by the testator, or a written acknowledgment by the devisee says so.

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“A lifetime gift may count as satisfaction of a devise only if the will, a contemporaneous writing by the testator, or a written acknowledgment by the devisee says so.”

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    Enacted 2017 · Source version 1 Oct 2025. The date shown identifies this source expression and should not be treated as proof that no later change exists.

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Ademption by satisfaction

A lifetime gift may count as satisfaction of a devise only if the will, a contemporaneous writing by the testator, or a written acknowledgment by the devisee says so.

Section 2-609

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Source record from legislature.maine.gov · Enacted 2017 · Source version 1 Oct 2025

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Part 6

part 6 RULES OF CONSTRUCTION APPLICABLE ONLY TO WILLS

§ 2-609Ademption by satisfactionProvision

A lifetime gift may count as satisfaction of a devise only if the will, a contemporaneous writing by the testator, or a written acknowledgment by the devisee says so.

1. Property given during testator's lifetime. 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: A. The will provides for deduction of the gift; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. 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 [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. 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. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. Partial satisfaction; value. For purposes of partial satisfaction, property given during the testator's lifetime is valued as of the time the devisee came into possession or enjoyment of the property or at the testator's death, whichever occurs first. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 3. Devisee fails to survive testator. If the devisee fails to survive the testator, the gift described in subsection 1 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. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
Section 2-609Verify source

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  • 1 Oct 2025 · currentEnglish

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